FCC Rule Requiring Email Delivery of 'Judicial Lottery' Petitions Takes Effect July 25
An FCC rule requiring parties to email the agency certain lawsuits takes effect July 25, after a summary of a commission order was published in Thursday's Federal Register. The new rule "requires persons petitioning for judicial review who wish to…
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participate in a 'judicial lottery' to notify the Commission of the petition by email," said the summary. A judicial review statute "provides for a lottery to select a court when parties have petitioned for review of the same FCC decision in more than one court," provided they petition within 10 days of issuance of the order, said the commission order approved 5-0 and released June 3. The FCC had required parties to hand-deliver such petitions to its Office of General Counsel to ensure timely delivery. "However, that method of service is not easily reconciled with the security protocols that currently apply to other filings with the Commission," said the order. "These procedures will allow for timely service on the Commission without raising the issues with respect to Commission security requirements that are currently presented by service in person. We also expect that this method of service will be more convenient for most petitioners and their counsel, especially those located outside of the Washington, D.C. metropolitan area." The new rule "encourages, but does not require, notice by email for persons who petition for review but do not seek to participate in a lottery. It likewise encourages, but does not require, notice by email for persons who judicially appeal Commission decisions," said the summary.