563 F. App'x 788
D.C. Cir.2014Background
- Alpine PCS won two FCC wireless licenses in 1996 and agreed to pay the bids in installments; FCC reauctioned licenses after nonpayment under the contract terms.
- Alpine challenged FCC orders denying restructuring/waiver administratively and in court; this court affirmed the 2010 FCC order in a prior decision.
- In January 2018 Alpine sued FCC in district court for breach of contract; the district court dismissed for lack of subject-matter jurisdiction.
- Alpine argues a forum-selection clause in the FCC contracts is a sovereign-immunity waiver under 47 U.S.C. § 309(j) and that City of Arlington deference should apply to FCC’s jurisdictional interpretation.
- The district court’s jurisdiction defense centers on sovereign immunity; the court emphasizes 47 U.S.C. § 402 provides exclusive appellate review of final FCC orders and that this suit targets the FCC’s license revocation for nonpayment.
- The panel affirms district court, holds the forum clause and § 309(j) waiver arguments are foreclosed, and discusses Tucker Act limits and Supreme Court precedents on jurisdiction and sovereign immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether § 309(j) waives sovereign immunity for district-court jurisdiction. | Alpine contends § 309(j) provides waiver. | FCC and district court say no waiver; § 402(b) exclusive review governs. | No waiver; jurisdiction lies with § 402 appellate review. |
| Whether forum-selection clause governs jurisdiction or defers to FCC’s interpretation under City of Arlington. | Arlington deference applies; clause reflects agency interpretation. | No deference; clause not an agency regulation; jurisdiction not created by contract. | Arlington deferential analysis inapplicable; jurisdiction not conferred by contract. |
| Whether the Tucker Act provides jurisdiction for Alpine’s claims against the United States. | The Court did not reach on this point; district court’s rationale stands given exclusive § 402 review. |
Key Cases Cited
- FAA v. Cooper, 132 S. Ct. 1441 (2012) (strict reading of sovereign-immunity waiver; ambiguities resolved in immunity's favor)
- FCC v. ITT World Communications, Inc., 466 U.S. 463 (1984) (exclusivity of appellate review over final FCC orders under § 402)
- City of Arlington v. FCC, 133 S. Ct. 1868 (2013) ( Chevron deference on agency jurisdiction; not applicable here)
- Christianson v. Colt Indus. Operating Corp., 486 U.S. 800 (1988) (courts cannot extend jurisdiction where none exists)
- Ins. Co. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694 (1982) (sovereign immunity cannot be waived by agency actions)
- Ramey v. Bowsher, 9 F.3d 133 (1993) (interpreting jurisdiction solely by Congress; agency cannot confer)