D.C. Circuit Dispenses With Appeal of 800 MHz Rebanding Order
The U.S. Court of Appeals for the D.C. Circuit Friday rejected one of the few remaining challenges to the FCC's 2004 800 MHz rebanding order, a challenge by James Kay. The court issued an order rejecting Kay’s claims, saying he…
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lacked legal standing. The FCC earlier urged the court to rule as it did. Kay held two 800 MHz licenses, revoked by the FCC in 2002, and his only other connection is that he claims to be the sole owner of Third District Enterprises, which holds licenses in Southern California that must still be relocated, the FCC told the court in a March pleading (see 1503100051). “It is hornbook corporate law that a corporation, whether large, closely held, or solely owned, is a separate juridical entity from its shareholders,” the court said. “As a result, a shareholder cannot bring a personal suit in his own name to vindicate the rights of that separate legal entity except under limited exceptions. … The fact that Third District is a limited liability company, rather than a traditional corporation, does not change this analysis. ” Kay has made no argument and it can find no evidence that Kay qualifies for an exception to the rule, the court said.