FCC v. AT&T · ¶40

Refusing to take yes for an answer, the carriers insist that they actually must pay. They point out that § 503 uses words that sound in a mandatory register—the Commission “determine[s]” whether a forfeiture is appropriate, “assesse[s]” the “amount” of such a penalty, and “impose[s]” that penalty. §§ 503(b)(1), (b)(2)(E), (b)(4). “[A]lone and in isolation,” these words tell us little about whether a § 503(b)(4) order truly settles the carriers' rights and duties. New York v. United States, 505 U. S. 144, 169–170 (1992). The proper understanding of such statutory terms depends on “their place in the overall statutory scheme.” Turkiye Halk Bankasi A.S. v. United States, 598 U. S. 264, 275 (2023) (internal quotation marks omitted). And as explained above, the Commission is powerless to visit any adverse consequences on a regulated party who receives a forfeiture order.

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