United States Telephone Association v. Federal Communications Commission
United States Court of Appeals for the District of Columbia Circuit
28 F.3d 1232 (1994)
Relevant factsFree
The FCC replaced its case-by-case fine assessment practice with a 1991 order setting standardized fine amounts by violation category, imposing heavier fines on common carriers than other licensees for identical violations, without following APA notice-and-comment procedures, arguing the order was non-binding because it had occasionally departed from it; the telephone trade association challenged this characterization after the FCC denied its reconsideration petition.
IssueFree
Whether a federal agency must follow the Administrative Procedure Act's notice and comment procedures before issuing any policy that is meant to bind the agency.
Related cases
Community Nutrition Institute v. Young818 F.2d 943 (D.C. Cir. 1987)U.S. Telecom Association v. Federal Communications Commission400 F.3d 29 (2005)Center for Auto Safety v. National Highway Traffic Safety Administration452 F.3d 798 (D.C. Cir. 2006)Hudson v. Federal Aviation Administration192 F.3d 1031 (1999)Mack Trucks, Inc. v. Environmental Protection Agency682 F.3d 87 (D.C. Cir. 2012)