FCC Disagrees 9th Circuit Can't Yet Transfer RF Case to DC Circuit
Nothing stops the 9th U.S. Circuit Court of Appeals from transferring a lawsuit against the FCC’s December RF safety order to the D.C. Circuit, the FCC said in a Friday reply (in Pacer) in case 20-70297. The commission requested transfer…
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earlier this month (see 2002130006). Petitioner Children’s Health Defense argued it’s too soon to transfer because the petitions filed first in D.C. Circuit and second in 9th Circuit are still subject to dismissal. “Wrong,” said the FCC, because U.S. Code “Section 2112 is a mechanical rule that requires transfer to the court in which the record is to be filed (in this case the court of first filing) regardless of whether the petitions that have been filed may be subject to dismissal, for prematurity or any other reason.”