FCC, DOJ Say 3rd Circuit Lacks Jurisdiction to Review Locus Challenge to Fine
The FCC and DOJ said an appellate court lacks jurisdiction to review a petition of Locus Telecommunications challenging a $5 million fine for marketing of prepaid calling cards the commission found deceptive (see 1510210053). The agencies told the 3rd U.S.…
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Court of Appeals the wireless and long-distance services firm hasn't paid and in such cases the Communications Act gives exclusive jurisdiction to challenge the agency's decision to a district court de novo trial. "The Government has initiated an enforcement action that is currently pending in district court to collect this forfeiture," said FCC/DOJ's response to the 3rd Circuit order suggesting the court may not have jurisdiction in Locus Telecommunications v. FCC, No. 16-4419. "If petitioner had first paid the forfeiture, the District of Columbia Circuit has held that the Communications Act places exclusive jurisdiction to review the agency’s order imposing the forfeiture in a court of appeals by way of a petition for review, and there are no court decisions holding to the contrary. Since Locus has not paid the forfeiture, however, this Court lacks jurisdiction to consider its petition for review." Locus didn't comment Tuesday.