The FCC also needs to work with providers to forbear from data caps and fees that can be an encumbrance to connectivity.
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When an agency concedes that there is no market failure, the proper response is to forbear from price regulation, not to expand it.
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There are good reasons for broadband providers to believe that a future FCC could renege on its 85033 promises to forbear from price regulations and unbundling obligations.
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The 2015 order claimed to forbear from price regulation but also banned paid prioritization of traffic by broadband Internet service providers — effectively imposing a zero price regulation.
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The problem is that Title II gives the FCC the authority eventually to regulate rates, even though it vows to voluntarily refrain — or forbear — from exercising that authority.
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So, absent clear and convincing evidence to the contrary, the FCC should presume Section 21625's substantive consumer protection criteria are satisfied regarding the regulation at issue and forbear from enforcing it. 2900.
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The Latin America-focused E&P company said on Friday that it had reached an agreement with certain holders of its 5.375% 2019s and 5.625% 2025s to forbear from declaring the principal amounts on the notes until March 31.
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Mr. Peters said that in April 2017 a senior official asked him to "forbear" from issuing a report detailing how the correction commissioner, Joseph Ponte, had misused a city vehicle assigned to him, saying that it would be embarrassing to Mr. Ponte.
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Section 10 of the Communications Act states the FCC "shall forbear" from applying any regulation or statutory provision to a telecommunications service if the agency determines enforcement is not necessary to ensure charges or practices are just and reasonable or necessary to protect consumers.
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ENTERS INTO FORBEARANCE AGREEMENTS * BON-TON STORES INC - FORBEARANCE AGREEMENTS WILL EXPIRE ON JANUARY 26, 2018, UNLESS FURTHER EXTENDED BY PARTIES * BON-TON-ENTERED FORBEARANCE DEALS WITH ABL CREDIT AGREEMENT LENDERS,AD HOC GROUP OF HOLDERS OF ABOUT 75% AMOUNT OF CO'S 8.0% SECOND LIEN NOTES DUE 2021 * BON-TON STORES- ABL CREDIT AGREEMENT LENDERS & FORBEARING HOLDERS OF 2L NOTES TO FORBEAR FROM REMEDIES IF CO DOES NOT MAKE INTEREST PAYMENT DUE ON DEC.
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In this case, the court could not find any consideration for the promise to pay maintenance. He further stated that the High Trees principle should not be stretched so far as to abolish the doctrine of consideration, While it may be true that the wife did forbear from suing the husband on the arrears for seven years, this forbearance was not at the request of the husband. He held that in the absence of proof of any request, express or implied, by the husband that the wife should forbear from applying to the court for maintenance, there was no consideration for the husband's promise. Moreover, even if the wife had promised to not apply to court for maintenance, there would have been no consideration, because one cannot waive the statutory right to apply for maintenance.
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The principle justification given for Bodb's election is that he is the Dagda's eldest son. He subsequently fathered many deities. Bodb's election is recognised by all of his rivals, save only Lir, who refuses him homage. Bodb, however, counsels his followers to forbear from punishing Lir; later, Bodb will successively offer two of his own daughters in marriage to Lir to placate him.
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324 U.S. at 502. The Court then stated the issue before it, in terms similar to those of the Euthyphro dilemma: > [N]ot all economic interests are "property rights;" only those economic > advantages are "rights" which have the law back of them, and only when they > are so recognized may courts compel others to forbear from interfering with > them or to compensate for their invasion.
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Some believe that reclassifying broadband Internet access services under Title II of the 1996 Telecommunications Act would be followed by requiring ISPs to pay into the USF as a new source of revenue for the fund. But the FCC has made clear that it will not require contributions on broadband Internet access revenues at this time, as the FCC will forbear from the contribution requirements in Section 254(d) of the Communications Act.
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In the aftermath of the Franco- Prussian War of 1870–71 Gladstone attempted to persuade the German Chancellor Otto von Bismarck to forbear from annexing Alsace and Lorraine from defeated France. Gladstone published an anonymous article in the Edinburgh Review in October 1870 espousing his views, but it did not remain anonymous for long. The Germans remained unconvinced by Gladstone's overtures, however. France would regain both provinces in 1919 and 1944—but only after two World Wars with Germany.
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Laud, writing on the occasion, advised him to be 'mindful of the waspishness of these times.' Laurence also held the living of Bemerton with Fugglestone in Wiltshire. During Laud's trial Laurence was instanced as one "popishly affected" whom Laud had promoted. The parliamentary visitors compelled him in 1648 to resign his mastership and professorship in order to avoid expulsion, but he afterwards submitted to them, and received a certificate, dated 3 August 1648, attesting that he engaged to preach only practical divinity, and to forbear from expressing any opinions condemned by the reformed church.
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In modern practice, perhaps the most important distinction between law and equity is the set of remedies each offers. The most common civil remedy a court of law can award is monetary damages. Equity, however, enters injunctions or decrees directing someone either to act or to forbear from acting. Often, this form of relief is in practical terms more valuable to a litigant; for example, a plaintiff whose neighbor will not return his only milk cow, which had wandered onto the neighbor's property, may want that particular cow back, not just its monetary value.
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145 During the reign of Henry II, the dispute took a new form, concerning the right of either archbishop to carry their archiepiscopal cross throughout the kingdom, not just in their own province. During the vacancy between the death of Theobald of Bec and the appointment of Becket, Roger had secured papal permission to carry his cross anywhere in England. As the Becket controversy grew, however, Alexander asked Roger to forbear from doing so, in order to stop the wrangling that had arisen from Roger's doing so. Later, Alexander revoked the privilege, claiming it had been given in error.
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Willow River Power Co., 324 U.S. 499 (1945), Justice Robert H. Jackson addressed whether there was a protectable property interest in a head of water lessened by federal action. He stated: > [N]ot all economic interests are "property rights;" only those economic > advantages are "rights" which have the law back of them, and only when they > are so recognized may courts compel others to forbear from interfering with > them or to compensate for their invasion. ... We cannot start the process of > decision by calling such a claim as we have here a "property right;" whether > it is a property right is really the question to be answered. Such economic > uses are rights only when they are legally protected interests.
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The Victorian scholar Arthur Hugh Clough, who updated the poet John Dryden's superb translation of Plutarch to give us the best available version in English, remarked in an introduction: It cannot be denied that [Plutarch] is careless about numbers, and occasionally contradicts his own statements. A greater fault, perhaps, is his passion for anecdote; he cannot forbear from repeating stories, the improbability of which he is the first to recognise. Caesarion's guardians, including his tutor, were themselves either lured by false promises of mercy into returning him to Alexandria or simply betrayed him; the records are unclear. Octavian is supposed to have had Pharaoh Caesarion executed in Alexandria, following the advice of Arius Didymus, who said "Too many Caesars is not good" (a pun on a line in Homer).
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' (; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to reject or authorize applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications. Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights.
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Martin arrived at Naples on the afternoon of 19 August, with orders to capture, sink or burn any vessels carrying military stores and supplies he found there and 'to use his utmost to lay the said city in ashes, unless the King of the two Sicilies shall agree forthwith not only to withdraw his troops now acting in conjunction with those of the King of Spain in Italy, but to forbear from giving in future any assistance of what kind soever.' Martin sent his flag captain, Merrick de L'Angle, onshore to present the terms to the King, demanding that an answer be returned within half an hour. The small squadron was considerably more powerful than anything the Neapolitans could muster, and after calling an emergency council, the King and his ministers attempted to make conditions, sending a deputy back to Martin with de L'Angle. Martin instead stated that he was sent ‘as an officer to act, not a minister to treat’, and once more demanded the King comply with the demands.
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