D.C. Circuit Denies LTD RDOF Petition
The FCC's denial of LTD Broadband's Rural Digital Opportunity Fund (RDOF) Phase 1 long-form application wasn't arbitrary and capricious, the U.S. Court of Appeals for the D.C. Circuit said Tuesday in a per curium order rejecting LTD's petition for review…
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(No. 24-1017). LTD was the largest winning bidder and challenged the FCC's denial of its long-form application after more than a yearlong review process. A three-judge panel held oral argument in November (see 2411050040). The court disagreed with all LTD's arguments. It said the FCC's guidance on RDOF rules "does not describe a light-touch, deferential review" and determined that the agency gave LTD "fair notice" of its review. The court also disagreed that LTD was treated differently from other bidders and that the FCC could alternatively deny only part of its winning bids because there wasn't "a sufficient basis in the record for the FCC to distinguish" areas where LTD "was and was not financially and technically prepared to provide service." LTD CEO Corey Hauer didn't immediately respond to a request for comment.