Washington – The Computer & Communications Industry Association has joined the Phoenix Center and four other organizations in an amicus brief asking the Supreme Court to grant review in Northstar Wireless, LLC v. Federal Communications Commission.
The brief supports petitioner Northstar’s due process concerns about the FCC’s decision-making after the results of a 2014 spectrum auction were challenged by incumbent carriers. The Commission’s post hoc review resulted in an about-face of its previous auction design, subjecting Northstar to severe penalties and the potential forfeiture of spectrum.
Amici explain that this dispute has broad ramifications, writing that “this Court should grant review and reaffirm bedrock principles of fair notice and due process.” They add that “a word from the Court about appropriate decision-making by federal agencies would be particularly instructive for the current regulatory climate.”