FCC v. AT&T · ¶3
Court of Appeals for the Second Circuit. sion may not use the “notice of apparent liability . . . to the prejudice of” the party in other Commission proceedings. §504(c). Here, the carriers paid their penalties and fled 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. 149 F. 4th 491, 503. The Second Circuit denied Verizon's petition for review on the ground that the FCC's forfeiture order did not itself…Read in context ›
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