Hilliary Seeks Reconsideration of FCC Denial in Auction Dispute
Hilliary Acquisition asked the FCC to reconsider a January order denying its request that the agency return $644,722 in down payments for 42 licenses where it was the high bidder during the 2020 citizens broadband radio service auction (see 2412110065).…
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In addition, it is seeking a writ of mandamus ordering the return of the money at the U.S. Court of Appeals for the D.C. Circuit (see 2501290067). “Reconsideration is warranted because the FCC failed to address Hilliary’s request for relief when it denied Hilliary’s request for partial refund,” said a filing this week in docket 19-244. While Hilliary requested a refund of the amount held by the FCC that exceeded the required deposit under the agency’s rules, the commission “instead ruled on whether it should issue a refund of the entire amount of money paid by Hilliary in connection with the auction,” the filing said. “Reconsideration is also warranted because the FCC’s rules do not contain any provision for the Commission to retain the amount of a final payment made by a disqualified winning bidder,” it continued. “Due to the lengthy and excessive period of time that the FCC has unlawfully retained the amount of Hilliary’s overpayment, Hilliary seeks expedited reconsideration of the Refund Order and issuance of the requested refund.”