Justia Government & Administrative Law Opinion Summaries

The case concerns multiple petitions for review challenging a Federal Communications Commission (FCC) order that established new rate caps for communications services provided to incarcerated individuals. The FCC’s order, issued pursuant to the Martha Wright-Reed Just and Reasonable Communications Act of 2022, also dismissed as moot certain petitions for clarification and waiver filed by Securus Technologies, LLC, a provider of these services. After the FCC published portions of the order in the Federal Register, several parties—including service providers, advocacy organizations, and state governments—filed petitions for review in various federal appellate courts, contesting different aspects of the order.Following the filing of these petitions, the FCC notified the United States Judicial Panel on Multidistrict Litigation (JPML) under 28 U.S.C. § 2112(a)(3), which randomly selected the United States Court of Appeals for the First Circuit to hear the consolidated petitions. The administrative record was filed in the First Circuit, and subsequent petitions filed in other circuits were transferred there pursuant to statute. Some petitioners, notably Securus and Pay Tel Communications, Inc., argued that the petitions should be transferred to the Fifth Circuit, asserting that it was the proper venue based on the timing and nature of the initial filings. The First Circuit denied these transfer motions, and a request for mandamus to the Supreme Court was also denied.The United States Court of Appeals for the First Circuit held that the petitions for review are properly before it, as the administrative record was filed there pursuant to the JPML’s direction. The court rejected arguments for mandatory transfer to the Fifth Circuit, finding no legal basis to override the JPML’s selection or to collaterally attack its determination. The court also declined to exercise its discretion to transfer the petitions elsewhere. View "Direct Action for Rights and Equality v. Federal Communications Commission" on Justia Law

A group of broadband internet providers in Georgia entered into contracts with the Georgia Department of Transportation to install and maintain their equipment along public rights of way. These contracts set annual permit fees and included a clause stating that the contracts would remain in effect until the parties entered into a new agreement. In 2021, the Department amended its rules, increasing permit fees and requiring providers to sign new contracts. The providers refused, and the Department notified them that, absent new agreements, they would be subject to the new rules. The providers then filed suit, seeking a declaratory judgment that their contracts were enforceable, not terminable at will, and that the Department’s actions impaired their contractual rights in violation of the United States and Georgia Constitutions.The Superior Court denied the State’s motion to dismiss, finding that sovereign immunity was waived under Article I, Section II, Paragraph V(b) of the Georgia Constitution because the providers sought declaratory relief from alleged unconstitutional acts. The court granted summary judgment to the providers, holding that the contracts were enforceable and not terminable at will by the Department.On appeal, the Supreme Court of Georgia reviewed the case. The Court agreed with the lower court that sovereign immunity was waived for this declaratory judgment action, as the providers sought relief from acts allegedly violating constitutional provisions. However, the Supreme Court of Georgia disagreed with the trial court’s interpretation of the contracts. It held that the contracts were of indefinite duration and, under longstanding Georgia law, were terminable at will by either party with notice. The Court affirmed the waiver of sovereign immunity but vacated the judgment granting declaratory and injunctive relief, remanding the case for further proceedings consistent with its opinion. View "State v. Dovetel Communication, LLC" on Justia Law

Two individuals brought a lawsuit under the False Claims Act, alleging that a telecommunications company, through a controlled shell entity, fraudulently obtained nearly $113 million in bidding credits during a Federal Communications Commission (FCC) spectrum license auction. The core claim was that the shell entity misrepresented its independence and concealed its relationship with the larger company, which, if disclosed, would have disqualified it from receiving small business credits. The relators asserted that the shell entity never operated as a genuine business and had an undisclosed agreement to transfer licenses to the larger company after a regulatory waiting period.The United States District Court for the District of Columbia twice dismissed the case, first without prejudice and then with prejudice, finding that the public-disclosure bar of the False Claims Act applied. The court concluded that the alleged fraud had already been publicly disclosed through the shell entity’s FCC filings, and that the relators’ complaint did not materially add to the information already available.The United States Court of Appeals for the District of Columbia Circuit reviewed the dismissal de novo. The appellate court held that, even assuming the prior FCC filings constituted public disclosures of substantially the same fraud, the relators qualified as “original sources” because their allegations materially added to the publicly disclosed information. Specifically, the relators provided new evidence that the shell entity never functioned as an independent business and plausibly alleged an undisclosed agreement to transfer licenses, both of which were not revealed in the public filings. The court found that these additions were significant enough to potentially influence the government’s decision to pursue the case. Accordingly, the appellate court reversed the district court’s dismissal and remanded the case for further proceedings. View "United States v. U.S. Cellular Corp." on Justia Law

Verizon Communications Inc. provided mobile voice and data services to customers and, until 2019, operated a program that sold access to customer device-location data through third-party aggregators. These aggregators resold the data to various entities for uses such as call routing and roadside assistance. Verizon relied on contractual arrangements and an external auditor to ensure that customer consent was obtained before disclosing location data. In 2018, a news report revealed that a third party, Securus Technologies, enabled law enforcement to access customer location data without proper consent, exposing flaws in Verizon’s safeguards. Verizon subsequently terminated access for Securus and related entities, but continued the program for other providers for several months.Following the news report, the Federal Communications Commission (FCC) initiated an enforcement action, issuing a Notice of Apparent Liability and, after considering Verizon’s response, a forfeiture order. The FCC found that Verizon’s device-location data qualified as “customer proprietary network information” under § 222 of the Communications Act, and that Verizon failed to reasonably protect this information both before and after the Securus incident. The FCC imposed a $46.9 million penalty, calculated as 63 continuing violations—one for each third-party relationship that persisted after the breach was publicized—and included a 50% upward adjustment for egregious conduct. Verizon paid the penalty and petitioned the United States Court of Appeals for the Second Circuit for review.The United States Court of Appeals for the Second Circuit held that device-location data is protected under § 222, the FCC’s liability finding was not arbitrary or capricious, and the penalty did not exceed statutory limits. The court also found that Verizon’s Seventh Amendment right to a jury trial was not violated, as Verizon could have obtained a jury trial by declining to pay the penalty and contesting the forfeiture in federal district court. The petition for review was denied. View "Verizon Commc'ns Inc. v. Fed. Commc'ns Comm'n" on Justia Law

A dispute arose between the National Association of Broadcasters (NAB) and the Federal Communications Commission (FCC) regarding a rule requiring broadcasters to disclose if any programming was paid for by a foreign governmental entity. The FCC's 2021 Rule mandated such disclosures and included specific diligence steps for broadcasters to follow. NAB challenged the rule, leading to a court decision that vacated part of the rule requiring broadcasters to search federal databases.The FCC then issued a revised rule in 2024, which retained the core disclosure requirements but modified the diligence steps. The new rule exempted commercial ads and political candidate ads from the disclosure requirement but included paid public service announcements (PSAs) and issue advertisements. NAB challenged the 2024 Rule, arguing it violated the Administrative Procedure Act (APA) and the First Amendment, and exceeded the FCC's statutory authority.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court found that the 2024 Rule complied with the APA's notice-and-comment requirements and was neither arbitrary nor capricious. The court also held that the rule did not violate the First Amendment, as it was narrowly tailored to serve a significant governmental interest in preventing foreign influence in U.S. broadcasting. The court further determined that the FCC did not exceed its statutory authority with the reasonable diligence requirements, as the rule did not directly regulate lessees but required broadcasters to seek information from them.Ultimately, the court denied NAB's petition for review, upholding the FCC's 2024 Rule. View "National Association of Broadcasters v. FCC" on Justia Law

A group of television and radio broadcasters challenged the Federal Communications Commission's (FCC) 2023 Order, which retained all existing media ownership rules and tightened one of them following the 2018 Quadrennial Review. The broadcasters argued that the FCC erred by defining the relevant video and audio markets too narrowly, retaining all parts of the radio and television ownership rules, and tightening Note 11 of the television ownership rule.The FCC's 2023 Order was issued after the 2018 Quadrennial Review, which included a notice of proposed rulemaking and a public comment period. The FCC retained the Local Radio Ownership Rule and the Local Television Ownership Rule, defining the markets narrowly to exclude non-broadcast sources. The FCC justified its decision by emphasizing the unique aspects of broadcast sources and the need to prevent excessive consolidation. The FCC also modified Note 11 to prevent circumvention of the Top-Four Prohibition by including low-power TV stations and multicast streams.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court found that the FCC acted arbitrarily and capriciously in retaining the Top-Four Prohibition part of the television ownership rule and improperly tightened Note 11. The court vacated and remanded the Top-Four Prohibition and the amendment to Note 11 but withheld the issuance of the mandate for 90 days to allow the FCC an opportunity to provide adequate justification. The court denied the remainder of the petition, upholding the FCC's market definitions and retention of the Local Radio Ownership Rule and the Two-Station Limit. View "Zimmer Radio of Mid-Missouri, Inc. v. Federal Communications Commission" on Justia Law

The case involves the Federal Communications Commission (FCC) and its universal-service contribution scheme, which requires telecommunications carriers to contribute to a fund that subsidizes communications services for underserved communities. The FCC uses a formula to determine the contribution amount, and the Universal Service Administrative Company, a private entity, assists in managing the fund and projecting financial needs.The Fifth Circuit Court of Appeals reviewed the case and found the contribution scheme unconstitutional due to a "double-layered delegation" of authority. The court expressed skepticism about Congress's delegation of power to the FCC and the FCC's delegation to the Administrator, suggesting that the combination of these delegations violated the Constitution's nondelegation doctrine.The Supreme Court of the United States reviewed the case and reversed the Fifth Circuit's decision. The Court held that the universal-service contribution scheme does not violate the nondelegation doctrine. It found that Congress provided sufficient guidance to the FCC through the Communications Act of 1934 and its amendments, which set clear policies and boundaries for the FCC's actions. The Court also determined that the FCC retained decision-making authority and that the Administrator's role was advisory, not a delegation of governmental power. The Court rejected the Fifth Circuit's combination theory, stating that the separate delegations did not compound to create a constitutional violation. View "FCC v. Consumers' Research" on Justia Law

Radio Communications Corporation (RCC), a telecommunications and media company, petitioned for review of a final order issued by the Federal Communications Commission (FCC) implementing the Low Power Protection Act (LPPA). The LPPA allows low power television (LPTV) stations to apply for an upgrade to a Class A license if they meet certain criteria, including operating in a Designated Market Area (DMA) with not more than 95,000 television households. The FCC's order adopted this limitation and used Nielsen’s Local TV Report to determine a station’s DMA.RCC operates an LPTV station, W24EZ-D, in Connecticut, which is licensed to serve Allingtown, a neighborhood of West Haven with fewer than 15,000 television households. However, the station is part of the Hartford-New Haven DMA, which has approximately one million television households. RCC challenged the FCC's order, arguing that the size limitation should apply to a station’s community of license, not its DMA. RCC also raised other statutory and constitutional arguments, including claims that the order contravenes section 307(b) of the Communications Act, violates the Commerce Clause, improperly delegates legislative authority to Nielsen, and restricts programming content in violation of the First Amendment.The United States Court of Appeals for the District of Columbia Circuit reviewed the case. The court held that the FCC's order adheres to the best reading of the LPPA, which clearly limits Class A license eligibility to LPTV stations operating in a DMA with not more than 95,000 television households. The court found that the FCC properly defined DMA according to Nielsen’s data, as authorized by Congress, and that the statute does not reference "community of license." The court also rejected RCC's constitutional arguments, finding that the FCC's interpretation did not violate the Commerce Clause or the nondelegation doctrine. Consequently, the court denied RCC's petition for review. View "Radio Communications Corporation v. FCC" on Justia Law

Sacramento Television Stations Inc. (Sac TV) sought additional audio and video recordings from the City of Roseville (City) under the California Public Records Act (CPRA) related to an incident on April 6, 2023, where Roseville Police Department (Roseville PD) officers discharged firearms at a suspect, Eric J. Abril. The City provided limited footage, arguing that further disclosure would interfere with an active investigation. Sac TV filed a petition for writ of mandate to compel the City to release more recordings.The Superior Court of Placer County denied Sac TV's petition, finding that the City had shown by clear and convincing evidence that further disclosure would substantially interfere with an active investigation, specifically Abril's ongoing criminal case. The court acknowledged that more footage was required under CPRA but did not determine the extent due to the active investigation exemption.The California Court of Appeal, Third Appellate District, reviewed the case. The court concluded that the Superior Court's finding of an active investigation was not supported by substantial evidence. The court noted that a pending criminal prosecution alone does not constitute an active investigation under CPRA. The court also found that the City’s interpretation of the required disclosure was too narrow and that more context was needed to understand the incident involving the discharge of a firearm.The Court of Appeal vacated the Superior Court's ruling and directed it to hold further proceedings, including an in camera review of the City’s recordings, to determine the extent of additional disclosure required. The court emphasized the importance of providing sufficient context to fully understand the events captured in the recordings. The petition for rehearing was denied, and the judgment remained unchanged. View "Sacramento Television Stations Inc. v. Superior Ct." on Justia Law

Verizon Wireless sought permits from the City of Milwaukee to install small cells and matching utility poles in a downtown plaza next to a major arena. The City denied most of the permits, initially citing aesthetic concerns and proximity to existing poles. Later, it claimed it lacked authority to grant the permits because the plaza was leased to Deer District LLC. Verizon sued the City, arguing the denials violated the Telecommunications Act (TCA) and Wisconsin state law. The district court ruled in favor of Verizon, finding the City's justifications insufficient and ordered the City to issue the permits. Verizon installed the poles, and the City accepted the ruling.The district court found that the City's initial reasons for denial were not supported by substantial evidence and violated the TCA. It also found the City's later rationale, based on the lease with Deer District, untimely and unconvincing. The court held that the City violated Wisconsin state law as well, and ordered the City to issue the permits. The City complied and did not appeal the decision. Deer District, an intervening defendant, appealed, challenging the district court's interpretation of the lease and state law, but not the TCA holding.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court dismissed Deer District's appeal for lack of Article III standing, as Deer District could not demonstrate that its injury would be redressed by a favorable decision. The court noted that the City did not join the appeal and that the injunction ran exclusively against the City. Therefore, even if the court ruled in Deer District's favor, it would not change the City's obligations under the district court's order. The appeal was dismissed for want of jurisdiction. View "Cellco Partnership v Deer District LLC" on Justia Law