The Telecommunications Research & Action Center (TRAC) (plaintiff) filed a petition with the Federal Communications Commission (FCC) (defendant) in 1979, alleging that the Telephone and Telegraph Company was overcharging ratepayers. The FCC issued a Notice of Inquiry seeking public comment on the issue. Although the FCC repeatedly indicated plans to resolve the matter, it failed to take any action over the next five years. TRAC sought judicial review of the FCC’s failure to act. In response to TRAC’s lawsuit, the FCC indicated plans to resolve the matter expeditiously.