FCC v. AT&T · ¶69

The Court accepts the Government's newfound account that under the Act, the Commission's self-styled “orders” were mere nonbinding notices that the regulated parties were free to ignore. See ante, at 541 (“The orders at issue . . . did not create an obligation to pay”). The Court also accepts that the orders would receive no deference in the de novo enforcement action necessary for the Commission to force payment. Ante, at 542 (“[F]or 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”); accord, ibid., n. 1. The Court's decision is premised on those important limitations, which means that the Commission's orders have no legal import except as preconditions for a future suit. See ante, at 543–545. I agree with the Court that this interpretation of the Act should govern future proceedings so as…

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