Supreme Court of the United States · Official docket →
Northstar Wireless, LLC v. Federal Communications Commission, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 18-1209, 18-1210, 20-1507, 20-1508 · judgment June 21, 2022
Before the decision, about 3.8× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a dissent in the court below (flagged in the petition).
Question presented
In this case, the FCC has imposed nine-figure penalties without supplying the most basic component of due process: “fair notice of conduct that is forbidden or required.” FCC v. Fox Television Stations, Inc., 567 U.S. 239, 253 (2012). The FCC has tried to reconcile competing congressional commands to raise funds by auctioning off valuable spectrum and to ensure the full participation of small businesses by offering them substantial discounts. Given the value of the spectrum at issue, the FCC expects and allows small businesses to partner with large companies, while prohibiting the latter from exercising de facto or de jure control over the former. The rules for de jure control are clear, and there is no dispute they were fully satisfied here. The rules for de facto control are anything but clear and amount to nothing more than an ad hoc agency judgment based on the totality of the circumstances. For years, the FCC managed to square that amorphous standard—and the fact that the FCC evaluates control only after an auction is closed, and requires small-business bidders to pay the full, nondiscounted price if it finds them to be controlled—with fair-notice requirements by providing an opportunity to cure after identifying de facto control deficiencies. Here, however, under pressure from congressional critics and dominant providers, the FCC provided only the empty formalism of an opportunity to cure without engaging with petitioner or identifying the conduct necessary to avoid a nine-figure penalty. The question presented is: Whether imposing massive penalties without providing either clear ex ante guidance or a
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
Jeremy J. Broggi
Wiley Rein, LLP
Proceedings
- Jun 30 2023Petition DENIED. Justice Jackson took no part in the consideration or decision of this petition. See 28 U.S.C. §455 and Code of Conduct for U.S. Judges, Canon 3C (prior judicial service).
- Jun 29 2023DISTRIBUTED for Conference of 6/29/2023.
- Jun 21 2023Rescheduled.
- Jun 06 2023DISTRIBUTED for Conference of 6/22/2023.
- Jun 05 2023Reply of petitioner Northstar Wireless, LLC filed. (Distributed)
- May 22 2023Brief of Private Respondents in opposition filed.
- Apr 20 2023Response Requested. (Due May 22, 2023)
- Apr 12 2023DISTRIBUTED for Conference of 4/28/2023.
- Apr 11 2023Reply of petitioner Northstar Wireless, LLC filed. (Distributed)
- Mar 24 2023Waiver of right of respondent AT&T Services, Inc. to respond filed.
- Mar 23 2023Brief of respondent Federal Communications Commission in opposition filed.
- Mar 22 2023Waiver of right of respondent VTel Wireless, Inc. to respond filed.
- Feb 21 2023Brief amici curiae of Public Interest Organizations filed.
- Feb 15 2023Motion to extend the time to file a response is granted and the time is extended to and including March 23, 2023.
- Feb 14 2023Motion of Federal Communications Commission for an extension of time not accepted for filing. (February 14, 2023 - corrected copy filed)
- Feb 14 2023Motion to extend the time to file a response from February 21, 2023 to March 23, 2023, submitted to The Clerk.
- Jan 17 2023Petition for a writ of certiorari filed. (Response due February 21, 2023)
- Dec 16 2022Application (22A401) granted by The Chief Justice extending the time to file until January 15, 2023.
- Dec 05 2022Application (22A401) to extend further the time from December 16, 2022 to January 15, 2023, submitted to The Chief Justice.
- Nov 07 2022Application (22A401) granted by The Chief Justice extending the time to file until December 16, 2022.
- Nov 03 2022Application (22A401) to extend the time to file a petition for a writ of certiorari from November 16, 2022 to December 16, 2022, submitted to The Chief Justice.