Supreme Court to Weigh FCC Power to Fine in New Regulatory Clash

Core Viewpoint - The US Supreme Court will review the Federal Communications Commission's (FCC) penalty system, which may limit federal regulators' powers, following challenges from AT&T and Verizon regarding their constitutional rights in the context of imposed fines for privacy violations [1][2]. Group 1: Legal Context and Implications - AT&T and Verizon argue that they were denied their constitutional right to a jury trial when fined over $40 million each by the FCC for alleged customer privacy violations [1]. - The case presents an opportunity for the conservative majority in the Supreme Court to further restrict agencies' abilities to impose fines without federal court involvement, following a 2024 decision that limited the Securities and Exchange Commission's use of in-house judges [2]. - The Trump administration defends the FCC's system, asserting it allows adequate rights for companies to contest fines before penalties are enforced [3]. Group 2: Financial Penalties and Regulatory Actions - The FCC imposed fines of $57 million on AT&T, $47 million on Verizon, and $92 million on T-Mobile US Inc. in 2024 for allegedly sharing customer location data without proper safeguards [5]. - The 1934 Communications Act provides two avenues for challenging FCC-imposed fines: paying the penalty and seeking review in federal appeals court, or allowing the Justice Department to sue for collection in federal district court, where a jury trial is guaranteed [6]. Group 3: Court Decisions and Divergence - The 5th Circuit Court ruled against the FCC, stating that the agency's process does not satisfy the constitutional right to a jury trial, as it already adjudicates guilt and levies punishment before any trial occurs [7]. - Conversely, the 2nd Circuit Court supported Verizon's position, indicating that no fine is payable without a jury trial, emphasizing that the government must initiate a collection action for payment [8]. Group 4: Next Steps - The Supreme Court is expected to hear arguments in April and issue a ruling by July, with the cases being Federal Communications Commission v. AT&T and Verizon v. Federal Communications Commission [9].