The FCC asked a federal court of appeals to suspend...
The FCC asked a federal court of appeals to suspend a case seeking to overturn the USF/intercarrier compensation order while the commission hears several petitions for reconsideration. The FCC filed the motion (http://xrl.us/bncx7b) in the 10th U.S Circuit Court of…
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Appeals on Monday, arguing many of its pending recon petitions raise issues “central to the claims that petitioners intend to present to this Court.” Because the issues in the petitions “substantially overlap with those raised in this litigation,” the court should “hold the appeal in abeyance pending the Commission’s further proceedings, keeping the record open for supplementation,” the FCC said (WC docket 10-90). Liaison counsel, writing for the petitioners, opposed the motion, arguing it “appears to present very little to justify holding the entire case in abeyance.” The motion “might foreshadow FCC ‘ripeness’ arguments on brief of unspecified merit, but not much else,” liaison counsel said. The court should resolve the appeal expeditiously because states are already making expensive changes as a result of the FCC’s “blatant usurpation of authority,” and the court can resolve ripeness arguments “without delaying resolution” of the other issues, liaison counsel said.