BIU Tells D.C. Circuit That State Court Can't Fix What FCC Did
The FCC's argument that financier BIU's litigation is a fight between the company and satellite firm Spectrum Five to be dealt with in a state court (see 2410100007) doesn't fly, BIU said. In a docket 24-1189 petitioner's reply brief Wednesday,…
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
BIU said no state court can vacate the FCC Enforcement Bureau's dismissal of BIU's Spectrum Five petition and provide the relief BIU is seeking before the U.S. Court of Appeals for the D.C. Circuit. BIU said cases the FCC cited about the agency abstaining from considering issues of contract law in favor of state court adjudication sprung from situations that could be addressed with a state court judgment for money or where there still could be meaningful relief at the FCC after state court resolution. BIU is appealing the FCC's dismissal of a petition seeking reinstatement of the Spectrum Five complaint alleging that Intelsat is interfering with Spectrum Five's spectrum license (see 2404110053).