D.C. Circuit Denies Hilliary Writ of Mandamus in Default Payment Dispute
The U.S. Court of Appeals for the D.C. Circuit denied Hilliary Acquisition’s request for a writ of mandamus seeking the return of $841,128.25 in down payments for 42 licenses when it was the high bidder during the 2020 citizens broadband radio service auction (see 2412110065).
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Last month, the FCC denied the company’s refund request (see 2501290067). Hilliary’s default “subjected it to the Commission’s default payment rules,” said the FCC Wireless Bureau and Office of Economics and Analytics. “Those rules require Hilliary to make a payment equal to the difference between the amount of its bids and the amount of subsequent winning bids for license(s) covering the same spectrum as the licenses covered by the winning bids on which Hilliary defaulted,” the FCC said.
“Petitioner has not shown that it has ‘no other adequate means to attain’ its desired relief,” said a Friday order from the court. “In particular, now that the staff” of the FCC “has denied petitioner’s refund request, petitioner may seek review by the Commission itself. … If the Commission also denies petitioner’s request, petitioner may seek judicial review of that denial.”