Eleanor Finch
The Federal Communications Commission (FCC) is tasked with setting policies for the preservation and advancement of universal service. However, the question of whether the FCC has a constitutional mandate to protect consumers is a complex one. While the FCC has authority over certain statutes, such as the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act, it is unclear if this extends to a broader mandate to protect consumers. The nondelegation doctrine, which states that Congress cannot delegate its legislative powers to other entities, further complicates the matter. The Supreme Court has granted certiorari in Federal Communications Commission v. Consumers' Research, which may provide clarity on the FCC's constitutional mandate to protect consumers.
| Characteristics | Values |
|---|---|
| FCC's constitutional mandate to protect consumers | FCC's mandate to protect consumers is not entirely clear |
| The nondelegation doctrine | The nondelegation doctrine has become a punchline, according to Judge Lagoa |
| Congress's role | Congress is tasked with making policy choices and accessing the People's pocketbooks |
| Consumer Policy Division | The Consumer Policy Division is responsible for developing consumer policy concerning Commission-regulated entities |
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What You'll Learn
The Federal Communications Commission v. Consumers' Research
The Federal Communications Commission v. Consumers Research is a case that will be heard by the Supreme Court. The case concerns the constitutionality of the Universal Service Fund (USF), which was established by Section 254 of the Telecommunications Act of 1996. Section 254 tasks the FCC with setting "policies for the preservation and advancement of universal service". However, Congress did not provide much detail on how to achieve these aims, instead leaving the policy choices to unelected administrative officials.
The nondelegation doctrine holds that Congress cannot transfer its legislative powers to other entities. The Constitution states that "All legislative powers herein granted shall be vested in a Congress of the United States", and that Congress can only exercise this power through duly enacted legislation that survives bicameralism and presentment. The Supreme Court has previously ruled that "this text permits no delegation of those powers" to other entities.
The Consumer Policy Division of the FCC is responsible for developing consumer policy concerning Commission-regulated entities, including common carrier, broadcast, wireless, satellite, and cable companies. The Division ensures that consumer interests are considered in all Commission policy-making initiatives and is tasked with issuing orders to resolve complaints about unauthorized changes in telecommunications providers, conducting rulemakings on robocalls, slamming, truth-in-billing, telemarketing, and fax advertising, and monitoring informal inquiries and complaints to identify trends that affect consumers.
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The nondelegation doctrine
The Federal Communications Commission (FCC) has a Consumer Policy Division, which is responsible for developing consumer policy concerning Commission-regulated entities, including common carrier, broadcast, wireless, satellite and cable companies. The Division also covers other entities subject to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and other statutes for which the FCC has authority.
The FCC's authority to protect consumers has been questioned in the case of *FCC v. Consumers’ Research*. The case centres on the nondelegation doctrine, which holds that the Constitution tasks Congress with making policy choices and accessing the People's pocketbooks. The Supreme Court has said that this text "permits no delegation of those powers" to other entities.
In *FCC v. Consumers’ Research*, the Supreme Court granted certiorari to resolve a circuit split, consolidating the petitions in *Federal Communications Commission v. Consumers’ Research* and *Schools, Health & Libraries Broadband Coalition v. Consumers’ Research*. The case concerns the Universal Service Fund (USF), which was established by Section 254 of the Telecommunications Act of 1996. Section 254 broadly tasks the FCC (and a Federal-State Joint Board) with setting "policies for the preservation and advancement of universal service". However, Congress did not provide details on how to achieve these aims, instead leaving the policy choices to unelected administrative officials.
Judge Lagoa has suggested that the "current nondelegation doctrine has strayed from constitutional first principles". It remains to be seen whether the Supreme Court will reinvigorate the nondelegation doctrine or "phone it in".
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The Universal Service Fund
The FCC's Consumer Policy Division is responsible for developing consumer policy concerning Commission-regulated entities, including common carrier, broadcast, wireless, satellite and cable companies. The Division ensures that consumer interests are considered in all Commission policy-making initiatives. It is specifically tasked with issuing orders to resolve complaints about unauthorized changes in telecommunications providers (slamming), conducting rulemakings on robocalls, slamming, truth-in-billing, telemarketing, and fax advertising, and monitoring informal inquiries and complaints to identify trends that affect consumers.
The FCC's mandate to protect consumers has been challenged in court, with some arguing that it violates the nondelegation doctrine, which holds that only Congress can make policy choices and access the People's pocketbooks. The Supreme Court has said that "this text permits no delegation of those powers" to other entities. However, it remains to be seen whether the Court will reinvigorate the nondelegation doctrine or "phone it in".
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The Telephone Consumer Protection Act
The FCC does not have a constitutional mandate to protect consumers. However, the Federal Communications Commission is tasked with setting policies for the preservation and advancement of universal service. The Consumer Policy Division is responsible for the development of consumer policy concerning Commission-regulated entities, such as common carrier, broadcast, wireless, satellite and cable companies.
The TCPA also includes provisions that specifically target telemarketers. For example, the Act prohibits any person from initiating a telephone call to any residential telephone line using an automatic telephone dialling system or an artificial or prerecorded voice to deliver a message that constitutes telemarketing, unless the call is made with the prior express written consent of the called party. The TCPA defines telemarketing as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person.”
In addition to restricting telephone solicitations, the TCPA also prohibits certain practices that are commonly associated with telemarketing, such as the use of “soundboard” technology, which allows a telemarketer to deliver a prerecorded message that sounds like a live conversation. The TCPA also prohibits any person from making a telephone call to a residential telephone line using an automatic telephone dialling system that does not provide the called party with a method to promptly terminate the call, as well as any person from making a telephone call to a residential telephone line using an artificial or prerecorded voice to deliver a message that does not identify the responsible party and provide a telephone number or address at which the responsible party may be contacted.
The FCC has issued a number of rules and regulations to implement the TCPA, including the establishment of a national do-not-call registry. The FCC also enforces the TCPA through its Consumer Policy Division, which is responsible for issuing orders to resolve complaints about unauthorised changes in telecommunications providers, conducting rulemakings on robocalls, slamming, truth-in-billing, telemarketing, and fax advertising, and monitoring informal inquiries and complaints to identify trends that affect consumers.
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The Telecommunications Act of 1996
The FCC's Consumer Policy Division is responsible for the development of consumer policy concerning Commission-regulated entities, including common carrier, broadcast, wireless, satellite and cable companies. The Division ensures that consumer interests are considered in all Commission policy-making initiatives.
The Division is specifically tasked with issuing orders to resolve complaints about unauthorized changes in telecommunications providers (slamming); conducting rulemakings on robocalls, slamming, truth-in-billing, telemarketing, and fax advertising; and monitoring informal inquiries and complaints to identify trends that affect consumers.
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Frequently asked questions
Yes, the FCC is responsible for consumer policy concerning Commission-regulated entities, such as common carrier, broadcast, wireless, satellite and cable companies.
The FCC's consumer policy covers the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and other statutes.
The FCC ensures consumer interests are considered through rulemakings and orders, and by commenting on proceedings originated by other Bureaus and Offices.
