Whether the Communications Act provisions governing FCC monetary forfeitures are consistent with the Seventh Amendment and Article III

The Communications Act of 1934, 47 U.S.C. 151 et seq. , empowers the Federal Communications Commission (FCC) to assess monetary forfeiture penalties for certain violations of the Act or the FCC’s regulations by issuing a notice of apparent liability, giving the regulated party an opportunity to respond in writing, and then issuing a final decision . If the regulated party declines to pay and the government sues to collect the penalties , the regulated party is entitled to a de novo jury trial in a federal district court . Alternatively, the subject of an FCC for feiture order may pay the monetary penalty and file a petition for review in a court of appeals, thereby triggering a judicial -review proceeding in which no jury is available. The question presented is as follows: Whether the Communication s Act provisions that govern the FCC’s assessment and enforcement of monetary forfeitures are consistent with the Seventh Amendment and Article III. (II)