FCC Asks 10th Circuit to Deny Blanca Injunction, Dismiss Petition; Telco Argues for Jurisdiction
The FCC opposed a Blanca Telephone motion for an injunction pending appeal and said the telco's petition for review should be dismissed. The commission noted it found Blanca ineligible for certain USF subsidies ($6.75 million) and ordered repayment. It also…
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noted the 10th U.S. Circuit Court of Appeals denied a Blanca mandamus petition -- asking judges to prevent the FCC from collecting -- because the telco didn't exhaust alternatives at the agency, leading to a company petition for reconsideration (see 1801020038). While that petition was pending, Blanca filed a petition with the court seeking review, said commission opposition posted Wednesday in Blanca Telephone v. FCC, No. 18-9502. The FCC said the court lacks jurisdiction to consider the petition for review because the recon petition is still pending at the agency, meaning there's no final order to review. The commission said a staff letter didn't constitute a denial of the recon petition, and it also disputed Blanca's arguments on the merits. Blanca's counsel sent us its brief (in Pacer) making detailed arguments for court jurisdiction and concluding: "The FCC failed to follow legal requirements and has acted arbitrarily, capriciously, and abused its discretion."