Telecommunications Research & Action Center v. Federal Communications Commission case brief

Telecommunications Research & Action Center v. Federal Communications Commission case brief summary
750 F.2d 70 (1984)

CASE SYNOPSIS

Petitioners, a telecommunications research center and several other not-for-profit corporations and public interest groups, brought an interlocutory appeal seeking a writ of mandamus to compel respondents, the Federal Communications Commission (FCC) and others, to decide certain unresolved matters, including whether to require a communications company to reimburse ratepayers for unlawful overcharges.

CASE FACTS
Petitioners claimed that respondents had unreasonably delayed determining whether a third party was required to reimburse ratepayers for overcharges. Petitioners sought a writ of mandamus compelling respondents to decide the issue of overcharges.

DISCUSSION

• The court refused to grant the writ of mandamus, holding that while the court had the power to review a final agency action like respondent's, the action was not final and the agency, respondent, had assured the court that it was moving expeditiously to resolve the pending overcharge claims; thus, the court did not have to determine whether the cited delays were so egregious as to warrant mandamus. 
• However, the court retained jurisdiction over the case until respondent's final disposition because of respondent's failure to meet its self-declared prior deadlines for the proceedings.

OUTCOME
Since respondent's action was not final and respondent assured the court it was moving expeditiously, the court denied petitioner's request for writ of mandamus; however, because respondent had failed to meet prior deadlines, the court retained jurisdiction of the case until respondent made a final ruling.



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