Articles Tagged: Agency Enforcement


Supreme Court Preserves FCC Fine Process in AT&T and Verizon Challenge

The Supreme Court in early June handed the Federal Communications Commission an important administrative-law win, rejecting a challenge by ATT and Verizon to the agency’s process for imposing telecom fines. The ruling preserves a key piece of the FCC’s enforcement toolkit and, just as notably, suggests the Court is not prepared to automatically extend its recent hostility toward some forms of agency adjudication into every regulatory setting.

The dispute centered on whether the FCC’s in-house enforcement mechanism for monetary penalties runs afoul of constitutional limits that have drawn increasing scrutiny in recent years.

Supreme Court Signals New Limits on FCC Administrative Fines

The U.S. Supreme Court appears inclined to further restrict federal agencies’ ability to impose monetary penalties through in-house proceedings, with oral argument suggesting meaningful support for telecom companies challenging the FCC’s fining process. If that instinct becomes doctrine, the decision could reshape not only communications enforcement, but also the broader administrative enforcement toolkit used across the federal government.

The dispute centers on whether the FCC may assess fines administratively against regulated entities such as ATT and Verizon, or whether the Constitution requires those claims to be tried before a jury in federal court.