In a motion released Tuesday, the FCC asked for dismissal...
In a motion released Tuesday, the FCC asked for dismissal of a case brought by Accipiter Communications seeking judicial review of an FCC order denying petitions to clarify and reconsider revisions to the FCC’s USF and intercarrier compensation rules. In…
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the motion dated July 30, the FCC argued the case should be dismissed by in the U.S. Court of Appeals for the D.C. Circuit for lack of jurisdiction, saying agency orders that deny a petition for reconsideration are “'unreviewable except insofar as the request for reconsideration was based upon new evidence or changed circumstances.’ … Accipiter did not base its reconsideration petition on either new evidence or changed circumstances” (http://xrl.us/bnnrov). Accipiter opposed the motion, prompting the FCC to issue a reply in support of its initial motion to dismiss (http://xrl.us/bnnrp2). Accipiter moved to strike portions of the FCC’s reply, which the FCC opposed in a response Tuesday (http://xrl.us/bnnrqk).