In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[Q]: of the Licenses; revocation is made explicit in a filing before the bankruptcy court (which filing is not itself an order) and is implicit in the Public Notice announcing the re-auction of the Licenses previously held by NextWave. Nevertheless, as this Court's prior opinion makes clear, we think that the FCC action in question is unmistakably regulatory in nature. But even if the FCC's acts do not amount to "decisions" or "orders" of the Commission, subject to the jurisdiction of the courts of appeals, that would not expose the FCC's acts to review in the bankruptcy court. A regulatory action short of a decision or order is an exercise of regulatory discretion that is not subject to review. See Bethesda-Chevy Chase Broadcasters, Inc. v. FCC, 385 F.2d 967, 968 (D.C.Cir.1967) (<HOLDING>); see also, e.g., Telecommunications Research &
Holding statements: (A) holding allegation made in enforcement suit does not impose the kind of legal obligation with which the finality doctrine is concerned (B) holding that obligation to pay pension benefits gave rise to a constructive trust relationship and obligation was not discharged in bankruptcy (C) holding that insurance obligation was primary to indemnity obligation (D) holding that a regulatory action that did not impose an obligation deny a right or fix a legal relationship was not reviewable (E) holding erroneous exclusion of hearsay did not deny defendant a substantial right
[A]: (D)

[Q]: to raise any claim contesting Defendants' entry into her home or taking of photographs, and she cannot add such a claim at this stage of the litigation. To the extent Plaintiff contends that the photographs are inadmissible pursuant to the exclusionary rule, the court disagrees there is no indication of an illegal search in any of Plaintiff's filings. It appears that Plaintiff voluntarily permitted Defendants to enter the home. After entering the home, the officers were entitled to photograph objects in their plain view, and they were also permitted to photograph evidence they viewed from outside the residence, such as the window screens. See Wilson v. Supt., Attica Corr. Facility, No. 00-CV-0767 (NAM)(GLS), 2003 WL 22765351, at *8 (N.D.N.Y. Nov. 24, 2003) (report and recommendation) (<HOLDING>), adopted, Order, 00-CV-0767 (NAM)(GS)
Holding statements: (A) holding seizure of evidence in plain view reasonable under fourth amendment (B) holding that visible contraband in plain view within the apartment provided probable cause for an arrest of person found therein (C) holding that the twolevel enhancement was appropriate where the gun cash and a drug ledger were found in one apartment and the drugs were found in a different apartment in the same building (D) holding that statements by defendant and apartment manager that defendant lived in the apartment where drugs were found demonstrated his control over the apartment even though no documents personal effects or keys were found (E) holding that photographs taken of items outside defendants apartment that were in plain view of the officer were properly admitted
[A]: (E)

[Q]: Examiner" was included on the form that was approved by the New York State Insurance Department. Inasmuch as the differences between the form of medical questionnaire that was submitted to and approved by the New York State Insurance Department and the form that defendant signed are non-substantive, this Court finds that plaintiffs technical failure to submit for approval to the New York State Insurance Department the medical questionnaire form, entitled "Declarations to Paramedical Examiner" neither operates to void the insurance application form and policy nor relieves defendant of her duty to provide truthful information on her disability income insurance application. See, e.g., McDaniels v. American Bankers Insur. Co., 643 N.Y.S.2d 846, 846-47, 227 A.D.2d 951, 952 (4th Dep't 1996) (<HOLDING>); National Union Fire Insur. Co. v. Ambassador
Holding statements: (A) holding insurers technical noncompliance with insurance laws requirement to place question on policy application in tenpoint type did not preclude it from disclaiming coverage based upon insureds alleged misrepresentations nor relieve insured of duty to provide truthful data on her application (B) holding that insureds criminal convictions were sufficient to preclude relitigation of the issue of the insureds subjective intent for purposes of evaluating the insurers duty to defend (C) recognizing an insurers right to rescind an insurance contract where the insured has made fraudulent or material misrepresentation in insurance application (D) holding insureds general assertion that it expected a liability policy to cover such negligent acts as insured was alleged to have committed would not support application of reasonable expectations doctrine (E) holding that insurers failure to deny existence of insurance coverage under policy at issue was to admit that coverage existed
[A]:
(A)