FCC v. AT&T · ¶75

I also do not share the Court's confidence that AT&T and Verizon should have known that these orders were nonbinding. The Commission “ORDERED that . . . [the recipient] IS LIABLE FOR A MONETARY FORFEITURE in the amount[s]” specified in each case. App. to Pet. for Cert. in No. 25–406, at 131a. The orders stated that “[p]ayment of the forfeiture shall be made . . . within thirty (30) calendar days after the release of this Forfeiture Order.” Ibid. In the orders, the Commission took the position that it could issue the orders not because they were nonbinding, but because such orders could be imposed, from start to fnish, without the involvement of “Article III courts.” Id., at 127a. It stated that its authority to impose such penalties was “beyond the ambit of the Seventh Amendment.” Ibid. (internal quotation marks omitted). Beyond the order itself, the Commission's regulations say that…

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