Comment by semiquaver
1 year ago
Nonsense. The law in question explicitly grants the FCC the right to make this determination via regulation.
> The Commission shall prescribe regulations to implement the requirements of this subsection. In implementing the requirements of this subsection, the Commission — (A) shall consider prescribing regulations to allow businesses to avoid receiving calls made using an artificial or prerecorded voice to which they have not given their prior express consent; […]
Chevron deference is about whose interpretation governs when a law is ambiguous; that’s not even close to being the case here.
Be careful using strong language like "nonsense" unless you're very sure that's you're right. For starters, it's hostile. Also, I think you're incorrect.
Who do you think determines whether or not a particular voice is an 'artificial' voice? The FCC or the Courts? If it's the former, that's Chevron deference. You haven't quoted any legislation which expressly confers power on the FCC to interpret the law (which is typically the province of courts) and determine themselves whether or not a particular 'voice' is an 'artificial' ... 'voice'. But the legislation, at least arguably, impliedly confers that power per Chevron - like in Chevron, it was within the EPA's power to determine what a "source" of pollution was.
Compare Australia, where Chevron deference was rejected as forming part of Australian administrative law (Enfield v Development Assessment Commission (2000) 199 CLR 135), it would be a question for the courts whether the agency was authorised to make this regulation, without deferring to the agency's interpretation. The agency does it's best to conform with the law, but it's ultimately the courts that say what the law is.