AT&T and USTelecom said in an amicus brief filed at...
AT&T and USTelecom said in an amicus brief filed at the Supreme Court that the high court should let stand a decision by the 5th U.S. Circuit Court of Appeals upholding the commission’s 2009 wireless zoning shot-clock order. The court…
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is slated to hear the case, Arlington, Texas v. FCC Jan. 16 (CD Dec 21 p1). “AT&T and USTelecom support the position of respondent Verizon: this Court should hold that Chevron deference does not apply to an agency’s interpretation of its own statutory jurisdiction, but should nevertheless affirm the judgment of the court of appeals on the alternative ground that the [FCC] had clear, unambiguous jurisdiction to issue the order under review based on the text of the Communications Act … and on this Court’s decision interpreting that Act in AT&T Corp. v. Iowa Utilities Board,” they told the court. “In telecommunications law specifically, this Court has frequently distinguished questions that relate to the scope of the Commission’s jurisdiction under the Communications Act from those that relate to how the Commission exercises that jurisdiction,” the brief said. “Further, the Commission itself has maintained the distinction between jurisdictional and non-jurisdictional issues in its own decisionmaking, showing that this distinction is useful analytically even apart from its significance for judicial review.”