HBO v. FCC (D.C. Cir.): The FCC promulgated a rule that prohibited pay TV form airing movies between 2-10 years old and having series. The FCC was worried about limiting good programming from traditional broadcast networks that were accessible by the larger public. The FCC's former general counsel filed a brief alleging significant ex parte contact between the networks and the FCC while the agency was considering its rule. - Rule: Once notice of a rulemaking is given, agency officials who may reasonably be expected to be involved in the process should not discuss the rulemaking with any interested party. o Court was concerned with agency capture by moneyed interests and dual records for private and public parties. • Frustrated the court's ability to review for arbitrariness. o In tension with Overton Park because the agency is only required to establish a rational connection between its rule and its justification. o Ultimately limited to cases involving competing claims to a valuable privilege, which made it more like adjudication than rulemaking (attempt to comply with Vermont Yankee). Action for Children's Television v. FCC (D.C. Cir): Limited the ban on ex parte contacts in informal rulemaking to proceedings that were more akin to adjudications, like Sangamon.