Supreme Court of the United States · Official docket →
NTCH, Inc. v. Federal Communications Commission, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-1241 · judgment February 21, 2020
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In the course of notice and comment proceedings to set the rules for an auction of spectrum licenses, the FCC entered into a secret agreement with one potential bidder to grant that bidder valuable waivers of unrelated FCC rules on the condition that the company bid at least $1.564 billion in the FCC’s H-Block Auction. May an administrative agency accept cash payments in exchange for granting regulatory benefits which are required to be granted solely on relevant public interest considerations? Does the entry into such a secret agreement by the Commission corrupt the integrity of the auction such that the auction should be declared invalid?
Counsel of record
For petitioner
Donald J. Evans
Fletcher, Heald & Hildreth
For respondent
Jennifer Beth Tatel
Wilkinson Barker Knauer LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 11 2021Petition DENIED.
- Dec 09 2020DISTRIBUTED for Conference of 1/8/2021.
- Dec 04 2020Reply of petitioner NTCH, Inc. filed. (Distributed)
- Nov 30 2020Brief of respondents FCC, et al. in opposition filed.
- Nov 30 2020Brief of respondent DISH Network Corporation in opposition filed.
- Oct 23 2020The motions to extend the time to file responses are granted and the time is extended to and including November 30, 2020, for all respondents.
- Oct 21 2020Motion to extend the time to file a response from October 29, 2020 to November 30, 2020, submitted to The Clerk.
- Oct 21 2020Motion of respondent DISH Network Corporation to extend the time to file a response from October 29, 2020 to November 30, 2020, submitted to The Clerk.
- Sep 23 2020Petition for a writ of certiorari filed. (Response due October 29, 2020)