Media Access Project, People for the American Way, and Union of Concerned Scientists v. Federal Communications Commission and United States of America

In my view, the court lacks jurisdiction over this petition for review. The FCC rulemaking at issue was not done “under” the Communications Act of 1934 within the meaning of 47 U.S.C. § 402(a) (“any order of the Commission under this chapter”), and therefore does not trigger the exclusive jurisdiction of the court of appeals under 28 U.S.C. § 2342(1).

The Freedom of Information Reform Act states that “each agency shall promulgate regulations ... specifying the schedule of fees applicable to the processing of [FOIA] requests_” 5 U.S.C. § 552(a)(4)(A)(i). This the Commission has done. As it…