The FCC should reject as untimely comments filed by the...
The FCC should reject as untimely comments filed by the Greenlining Institute (CD Jan 24 p12) on Deutsche Telekom’s proposal to buy MetroPCS to merge it with T-Mobile USA, DT, T-Mobile and MetroPCS said in joint comments at the commission.…
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“Greenlining has filed its ‘Opening Comments’ 57 days late,” they said (http://xrl.us/bocbqh). “Petitions to deny and comments in the above-captioned proceeding were due on November 26, 2012, yet Greenlining knowingly waited until January 22, 2013 to submit its filing. Greenlining has conceded that it was aware of the pleading cycle established by the Commission, yet made a ’tactical decision to delay filing at the FCC’ and did so on its own initiative.” The public notice on the merger “makes clear that ‘a party or interested person seeking to raise a new issue after the pleading cycle has closed must show good cause why it was not possible for it to have raised it previously,'” the filing said. “If the Commission were to accept such late-filed pleadings, the Applicants -- and the agency -- would be placed in the untenable position of having to re-initiate a pleading cycle at the whim of any entity seeking to delay a transaction."