Lawyer: FCC Likely More Gun-Shy About Imposing Fines Going Forward
The 5th U.S. Circuit Court of Appeals' decision calling a $57 million FCC fine against AT&T unconstitutional (see 2504180021) means a lower risk going forward of the agency imposing fines and forfeitures against parties found violating agency rules, Venable communications…
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lawyer Craig Gilley wrote Tuesday. He said agency Chairman Brendan Carr and Commissioner Nathan Simington were already skeptical of enforcement actions that could result in the imposition of forfeitures. Gilley said the 5th Circuit decision also will further bolster arguments that the U.S. Supreme Court's Jarkesy decision has wide application to all agency monetary punishments imposed without a jury trial, not just those imposed by the SEC -- a party in Jarkesy --- or the FCC. The 5th Circuit decision reinforces that federal agencies imposing fines or other monetary penalties have to give their targets access to a jury trial and an Article III decision-maker, such as a judge, he said.