FCC v. Brown · ¶8

The Fourth Circuit’s decision to issue an “extraordinary” writ was inappropriate under the circumstances. The Communications Act requires the Commission to act on every application it receives, but it does not obligate the Commission to act within a particular timeframe. 47 U. S. C. §155(c)(4). The Commission may exercise its discretion to set its own procedures and schedule for resolving such applications. See Vermont Yankee Nuclear Power Corp. v. Na tional Resources Defense Council, Inc., 435 U. S. 519, 524 (1978). Undeterred, the Fourth Circuit issued a mandamus order requiring the Commission to issue a final decision on the candidates’ application just five months after it was filed and within just 48 hours—all while the Commission’s deliberation process was still ongoing. Our system of separation of powers does not allow the Judiciary to meddle in “the workings of a coordinate…

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