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Administrative Law Keyed to Aman
Telecommunications Research & Action Center v. Federal Communications Commission
Citation:
750 F.2d 70 (1984)Facts
The case involved two separate instances of alleged overcharges by AT&T. The first concerned AT&T’s rate of return on interstate and foreign services in 1978, which may have exceeded the FCC-established maximum of 10%. Petitioners filed a complaint in July 1979, but despite issuing a Notice of Inquiry and receiving comments by the end of 1979, the FCC took no further action for almost five years. The second issue involved Western Electric’s expenditure of approximately $500 million on customer premises equipment development between 1980 and 1982. The FCC expressed concern in November 1982 that regulated service ratepayers might have impermissibly contributed to these development expenses, but despite receiving comments by February 1983, the Commission had not resolved the matter. The petitioners sought a writ of mandamus to compel the FCC to decide these matters.
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