FCC, Neustar To Fight Another Day Under D.C. Circuit Motions Order
A court motions panel dismissed an FCC request to hold in abeyance Neustar's challenge to the agency's order conditionally choosing Telcordia as the next local number portability administrator (LNPA). But the order Tuesday by Judges Judith Rogers and Robert Wilkins…
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of the U.S. Court of Appeals for the D.C. Circuit referred the commission's request to dismiss the Neustar challenge to a panel that will review the case on its merits (Neustar v. FCC, docket 15-1080). An FCC motion had asked the court to dismiss the Neustar challenge, or in the alternative hold it in abeyance pending final commission action in the LNPA proceeding. The order Neustar is challenging "is not final Commission action; rather, it is an interim step in a process that, after additional Commission action, may result in the selection of a new LNPA," the FCC said. Because the order isn't final, the court lacks jurisdiction to review it, the FCC argued. Neustar opposed the motion and argued the FCC had designated Telcordia as the next LNPA: "As the culmination of a four-year selection process, that selection decision is final, not tentative." In their order Tuesday, the judges directed the court's clerk "to enter an appropriate briefing schedule" without elaborating. Neustar had asked the D.C. Circuit to expedite briefing, but the commission opposed the request.