Justia Communications Law Opinion Summaries

The case concerns multiple petitions for review challenging a Federal Communications Commission (FCC) order that established new rate caps for communications services provided to incarcerated individuals. The FCC’s order, issued pursuant to the Martha Wright-Reed Just and Reasonable Communications Act of 2022, also dismissed as moot certain petitions for clarification and waiver filed by Securus Technologies, LLC, a provider of these services. After the FCC published portions of the order in the Federal Register, several parties—including service providers, advocacy organizations, and state governments—filed petitions for review in various federal appellate courts, contesting different aspects of the order.Following the filing of these petitions, the FCC notified the United States Judicial Panel on Multidistrict Litigation (JPML) under 28 U.S.C. § 2112(a)(3), which randomly selected the United States Court of Appeals for the First Circuit to hear the consolidated petitions. The administrative record was filed in the First Circuit, and subsequent petitions filed in other circuits were transferred there pursuant to statute. Some petitioners, notably Securus and Pay Tel Communications, Inc., argued that the petitions should be transferred to the Fifth Circuit, asserting that it was the proper venue based on the timing and nature of the initial filings. The First Circuit denied these transfer motions, and a request for mandamus to the Supreme Court was also denied.The United States Court of Appeals for the First Circuit held that the petitions for review are properly before it, as the administrative record was filed there pursuant to the JPML’s direction. The court rejected arguments for mandatory transfer to the Fifth Circuit, finding no legal basis to override the JPML’s selection or to collaterally attack its determination. The court also declined to exercise its discretion to transfer the petitions elsewhere. View "Direct Action for Rights and Equality v. Federal Communications Commission" on Justia Law