• On December 19, 2012, the FCC explained to the Supreme Court that it deserves deference when it is reviewing its own authority to issue rules and orders. The case arises out of the FCC’s “shot-clock” rules which deal with how long municipalities have to act on tower-siting applications. The Supreme Court agreed to resolve whether “a court should apply Chevron to review an agency’s determination of its own jurisdiction.” The FCC argued that it should get Chevron deference when deciding the scope of its own powers, reasoning that an “agency’s interpretation of provisions defining the scope of its authority is based on an implied delegation by Congress, and can involve the same complex regulatory considerations and rest on the same competing policy concerns that govern any other exercise in statutory construction.” The FCC also asserted that applying the requested limit to Chevron deference “would be inadministrable in practice.” Verizon Wireless and AT&T, among others, submitted amicus briefs arguing that agencies should not receive deference on such questions. Verizon briefed the separation-of-powers argument: “Courts defer to an agency’s exercise of policymaking authority, but only if that authority has been properly delegated. Allowing agencies to decide in the first instance the limits of their policymaking power would improperly transfer legislative authority from Congress to the Executive, and override the Judiciary’s exclusive authority to construe legislative delegations, as well as its duty to police the constitutional boundaries between the branches.” The Court is scheduled to hear argument in the case on January 16, 2013. City of Arlington v. FCC, Nos. 11-1545, 11-1547 (S. Ct.).