The US Supreme Court’s recent decision in FCC v AT&T marks a significant but qualified victory for the Federal Communications Commission’s (FCC or Commission) enforcement authority. In an 8-1 ruling, the Court upheld the FCC’s longstanding forfeiture process against constitutional challenge, concluding that the agency may investigate violations, issue notices of apparent
Supreme Court decision elevates DOJ’s role in future FCC enforcement actions
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In a recent decision, the US Supreme Court upheld the Federal Communications Commission’s authority to issue forfeiture penalties but required the option for a jury trial to enforce their collection, which now elevates the US Department of Justice’s role in such enforcement actions.