Martha Self v. BellSouth Mobility, Inc.
700 F.3d 453
| 11th Cir. | 2012Background
- FCC implemented universal service via order funded by carrier contributions based on interstate and intrastate revenues.
- Carriers could pass through USF contributions to customers, subject to equitable and nondiscriminatory treatment.
- Texas Office of Public Utility Counsel v. FCC held the FCC exceeded authority by including intrastate revenues in USF contributions.
- Fifth Circuit Remand Order adjusted contribution bases prospectively effective November 1, 1999, with no refunds specified.
- AT&T and Self sought refunds for intrastate-revenue-based USF charges paid before November 1, 1999, and challenged retroactivity.
- District court dismissed claims for lack of jurisdiction, holding they would require reviewing FCC orders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court has jurisdiction to hear Self’s refund claims. | Self asserts district court can decide refunds without collaterally attacking FCC orders. | AT&T contends only the courts of appeals can review final FCC orders under 28 U.S.C. §2342. | Yes; district court lacks jurisdiction to review FCC orders on refund claims. |
Key Cases Cited
- FCC v. ITT World Commc’ns, Inc., 466 U.S. 463 (1984) (exclusive review of final FCC orders in courts of appeals)
- Texas Office of Pub. Util. Counsel v. FCC, 183 F.3d 393 (5th Cir. 1999) (FCC exceeded jurisdiction by including intrastate revenues in USF contributions)
- National Ass’n of State Util. Consumer Advocates v. FCC, 457 F.3d 1238 (11th Cir. 2006) (exclusive jurisdiction lies with courts of appeals to review final FCC orders)