The FCC lawfully exercised its discretion when it dismissed a...
The FCC lawfully exercised its discretion when it dismissed a request for review of a Universal Service Administrative Co. billing decision, it told the U.S. Court of Appeals for the D.C. Circuit in a brief Monday (http://xrl.us/bnphix). InContact, a maker…
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of call center software, had asked the FCC to review a USAC invoice for billing mistakes about 80 days after the invoice was issued. The FCC declined, pointing out its rules implement a 60-day review period. “The sole issue properly before the Court is whether the Commission abused its discretion when it upheld the Bureau’s dismissal of inContact’s underlying request for review of an action taken by the Administrator because inContact’s request was filed out of time,” the FCC wrote. “The Commission reasonably determined that the issuance of an invoice by USAC constitutes a ‘decision’ of the Administrator that must be appealed within 60 days. ... The Commission’s interpretation of its own rules was reasonable, and inContact’s request for review of the USAC invoice was clearly untimely."