The 10th U.S. Circuit Court of Appeals denied an FCC...
The 10th U.S. Circuit Court of Appeals denied an FCC request to suspend a case seeking to overturn its USF/intercarrier compensation order while the commission conducts its own review. In a two-page order in Case No. 11-9900 released Wednesday, the…
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.
Denver-based court denied the “Motion to Hold in Abeyance” until the commission could resolve motions for reconsideration filed at the agency. “The lack of a timetable for disposition of the pending motions to reconsider and the importance of getting the issues associated with these consolidated proceedings decided as promptly as possible make any open-ended abatement unreasonable,” the court wrote. The court asked FCC counsel to file a status report should the commission rule on any of the pending motions for reconsideration. The FCC had argued for the delay because the pending recon petitions raise issues “central to the claims that petitions intend to present to this Court,” and FCC action on reconsideration could “substantially narrow the scope of the issues before the Court” (CD June 27 p12). “We are confident in the [USF/ICC] Order and look forward to defending it in court,” an FCC spokesman said.