Alpine PCS, Inc. v. United States

The question presented is: Whether A Takings Claim Against The Federal Communications Commission Can Only Be Brought In The United States Court of Federal Claims Given The Requirement Of Final Agency Action In Williamson County Regional Planning Commission v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985), And The Absence Of Congressional Intention To Require That Such Claims Be Filed Elsewhere. On January 5, 2010, after bewildering delays, the Federal Communications Commission made a final agency determination that Alpine PCS was not entitled to a waiver of licensure fees or a restructuring of installment debts relating to broadband licenses issued to Alpine in 1996. Alpine had first sought relief from the agency in 2002. Only after the agency had made its final determination that Alpine was not entitled to relief did Alpine turn to United States Court of Federal Claims, contending that, given the particular history of its relationship with the FCC, the agency had engaged in an unlawful taking of Alpine property in violation of the Fifth Amendment prohibition against taking property without just compensation. On January 4, 2016, Alpine availed itself of the six-year statute of limitations for raising claims in the United States Court of Federal Claims, and filed a suit raising, among other claims, a takings claim. The trial court granted the Government’s motion to dismiss that