Sep 21, 2026 · 47 min · 9 segments
In episode 56 of the Supreme Court Opinions read podcast, we read the Supreme Court's opinion in FCC v AT&T. One of the means by which the FCC enforces federal communications laws is by issuing…
The Communications Act of 1934, as amended, authorizes the Federal Communications Commission to investigate regulated parties for suspected violations of the communications laws and to seek monetary forfeitures for violations of those laws.
Section 503b.
In these cases, the Commission investigated cellular service providers AT&T and Verizon, collectively the carriers, regarding their treatment of customer location data.
Believing that the carriers had violated laws and regulations requiring them to take reasonable steps to keep location data confidential, the FCC sought forfeitures from the carriers.
The Commission first issued the carriers' Notices of Apparent Liability under Section 503 , which specified the factual and legal bases for the forfeitures the Commission sought.
After reviewing the carrier's responses, the Commission determined that the carriers were liable and assessed penalties of roughly $57 million against AT&T and $47 million against Verizon.
§ 2342-1.
The Court of Appeals, sitting without a jury, then reviews the order on the administrative record under the standards set forth in the Administrative Procedures Act.
the recipient may also opt to do nothing.
In the event of non-payment of a forfeiture penalty determined under Section 503b-4, the penalty shall be recoverable in a civil suit in the name of the United States.
Section 504a.
The Commission may then refer the matter to the Department of Justice, which in turn may, but need not, bring a civil suit within five years of the issuance of the order.
that suit shall be a trial de novo.
Section 504a.
The regulated party may, of course, pay the forfeiture voluntarily, but until it does, or the court in a Section 504 enforcement action orders payment, the commission may not use the notice of apparent liability to the prejudice of the party in other commission proceedings.
Section 504c.
Here, the carriers paid their penalties and filed petitions for review in their respective courts of appeals.
They argued that requiring forfeiture without the opportunity for a jury trial violates the Seventh Amendment.
The Fifth Circuit granted AT&T's petition for review and vacated the commission's order.
The court held that the FCC's enforcement procedures violate the Seventh Amendment because by the time the commission issues a forfeiture order, it has already found the facts, interpreted the law, adjudged guilt, and levied punishment, all without the involvement of a jury.
The Communications Act of 1934, as amended, authorizes the Federal Communications Commission to investigate regulated parties for suspected violations of the communications laws and to seek monetary forfeitures for violations of those laws.
Section 503b.
In these cases, the Commission investigated cellular service providers AT&T and Verizon, collectively the carriers, regarding their treatment of customer location data.
Believing that the carriers had violated laws and regulations requiring them to take reasonable steps to keep location data confidential, the FCC sought forfeitures from the carriers.
The Commission first issued the carriers' Notices of Apparent Liability under Section 503 , which specified the factual and legal bases for the forfeitures the Commission sought.
After reviewing the carrier's responses, the Commission determined that the carriers were liable and assessed penalties of roughly $57 million against AT&T and $47 million against Verizon.
§ 2342-1.
The Court of Appeals, sitting without a jury, then reviews the order on the administrative record under the standards set forth in the Administrative Procedures Act.
the recipient may also opt to do nothing.
In the event of non-payment of a forfeiture penalty determined under Section 503b-4, the penalty shall be recoverable in a civil suit in the name of the United States.
Section 504a.
The Commission may then refer the matter to the Department of Justice, which in turn may, but need not, bring a civil suit within five years of the issuance of the order.
that suit shall be a trial de novo.
Section 504a.
The regulated party may, of course, pay the forfeiture voluntarily, but until it does, or the court in a Section 504 enforcement action orders payment, the commission may not use the notice of apparent liability to the prejudice of the party in other commission proceedings.
Section 504c.
Here, the carriers paid their penalties and filed petitions for review in their respective courts of appeals.
They argued that requiring forfeiture without the opportunity for a jury trial violates the Seventh Amendment.
The Fifth Circuit granted AT&T's petition for review and vacated the commission's order.
The court held that the FCC's enforcement procedures violate the Seventh Amendment because by the time the commission issues a forfeiture order, it has already found the facts, interpreted the law, adjudged guilt, and levied punishment, all without the involvement of a jury.
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