General Limitations on the Ability of Government Branches and Agencies to Subdelegate Their Authority to Private Parties 1.

Circuit rejected any such impairment assessment delegation from the FCC to state regulatory agencies as legally impermissible: "We therefore hold that, while federal agency officials may subdelegate their decision-making authority to subordinates absent evidence of contrary congressional intent, they may not subdelegate to outside entities-private or sovereign-absent affirmative evidence of authority to do so.

Authority over zoning subdivision, building, and housing-code enforcement should be vested in one agency with the power to subdelegate.