FCC v. AT&T · ¶37

Second, the Commission's factual findings have no effect in a subsequent enforcement suit. The statute provides that forfeitures under § 503(b)(4) “shall be recoverable,” exclusively, in a “trial de novo.” §504(a); see also Pleasant Broadcasting, 564 F. 2d, at 500 (“Government must bring” §504 action “if it wishes to collect the fine”). And “trial de novo” means a proceeding “in which the whole case is gone into as if no trial whatever had been had” in the initial tribunal. Black's Law Dictionary 1677 (4th ed. 1951) (emphasis added). Thus, for the purpose of a § 504 trial—the only means by which the Government can collect a penalty—it is as if the Commission never found any facts at all.Before a regulated party can be made to pay, the jury gets the last word.

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.