The major questions doctrine, as laid out in July’s Supreme Court decision in West Virginia v. EPA (see 2206300066), is likely to play an increasingly important role in future decisions on actions by federal agencies like the FCC, experts said Wednesday during an FCBA webinar. In a 6-3 decision, justices didn’t overrule the Chevron doctrine but appeared to further clamp down on agencies' ability to regulate without clear direction from Congress.
FCC Chairwoman Jessica Rosenworcel confirmed Thursday she has received a letter from acting FAA Administrator Billy Nolen asking that the agency mandate voluntary protections for radio altimeters agreed to by Verizon and AT&T in the C band (see 2206170070) for 19 other providers who bought spectrum in the record-setting auction. “I have seen the letter” and “we are in discussions with our colleagues at NTIA,” Rosenworcel told reporters after the FCC meeting. Commissioner Brendan Carr said he was happy to look at FAA concerns, but believes the time to raise new objections has passed.
In what's viewed as a major decision by the Supreme Court Thursday, justices didn’t overrule the Chevron doctrine but appeared to further clamp down on the ability of agencies like the FCC to regulate, absent clear direction from Congress. The opinion came in an environmental case, West Virginia v. EPA. Legal experts said the 6-3 decision likely presages that courts would overturn an FCC decision to classify broadband under Title II of the Communications Act.