Declaratory Judgment

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Declaratory Judgment

A ruling by a court (or, less commonly, a regulator) that resolves a dispute but does not order an action. That is, a declaratory judgment states a fact. For example, a declaratory judgment may state who owns a patent or a piece of property.
References in periodicals archive ?
communications practice Lerman Senter PLLC, a Petition for Declaratory Ruling was filed on behalf of SBS on Dec.
Action by the Commission November 16, 2017 by Report and Order, Declaratory Ruling, and Further Notice of Proposed Rulemaking and Order (FCC 17-154).
Pai's plan would take aim at a "functional test" created during a 2014 Declaratory Ruling under former FCC Chairman Tom Wheeler that requires telecom companies who want to abandon copper networks ensure that Americans are provided with networks that are at least as good as the networks being replaced.
Bralow, Of Counsel, Pepper Hamilton LLP will speak at the Knowledge Group's webcast entitled: "Navigating The Omnibus Declaratory Ruling on FCC's Telephone Consumer Protection Act (TCPA) in 2016.
Such rulings are "binding upon the Comptroller as to any transaction covered by the ruling that is entered into by a person upon whose request or upon whose behalf the declaratory ruling is sought, including a transaction entered into (a) [b]efore the date of the declaratory ruling; and (b) [i]n reliance upon the ruling, unless a change in the legal basis of the declaratory ruling is made by statute, regulation, or judicial decision after the issuance of the declaratory ruling and before any affected transaction.
This conversation was sparked in July by a VoApps filing that requests a declaratory ruling to say its voicemail system does not violate TCPA.
FCC Action--Issuing a New Declaratory Ruling to Address
10) In a declaratory ruling, the FCC found that "lengthy and unreasonable" delays were occurring, which interfered with the provision of wireless services and competition, contrary to Congress's purpose in enacting the 1996 Act.
A recent declaratory ruling by the New Hampshire Department of Revenue Administration has left many S corporation owners considering whether they should convert to a limited liability company in order to save money on their New Hampshire taxes.
Later in 2012, ShipCompliant submitted a petition to the NYSLA describing the Market Place platform and requesting a declaratory ruling that MarketPlace complied with the state's alcoholic beverage laws.
SoundBite Communications, a provider of customer experience management solutions, petitioned the FCC in February 2012 for a declaratory ruling after lawsuits had been filed against companies that use text messaging in their mobile marketing campaigns.