by Seth L. Cooper
Free State Foundation
February 21, 2013
In recent years, the FCC has staked expansive new regulatory controls over information technologies and services on the ancillary jurisdiction doctrine. Echostar v. FCC could therefore have significant implications for future agency action. The non-deferential approach to agency ancillary power embodied in the D.C. Circuit’s opinion, if consistently enforced, could limit regulatory overreach.
