The U.S. Court of Appeals for the D.C. Circuit should deny Discovery Communications’...
The U.S. Court of Appeals for the D.C. Circuit should deny Discovery Communications’ motion for permission to intervene on behalf of the FCC and argue against Sky Angel’s petition for writ of mandamus, Sky Angel asked the court. Sky…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Angel has asked the court to force the agency to act on its long-pending program access complaint against Discovery. “Because the court is being asked to analyze the FCC’s continuing failure to act, not the merits of the program access dispute, Discovery’s rights will not be ‘directly affected’ by the Court’s action,” Sky Angel said. Only the commission knows how it will justify its delay, Sky Angel said. “Only the FCC, not Discovery, is in a position to set forth why it has not reached a decision in the complaint proceeding despite a statutory directive to act expeditiously."