The 10th U.S. Circuit Court of Appeals denied...
The 10th U.S. Circuit Court of Appeals denied Allband Communications Cooperative’s petition for rehearing en banc (http://bit.ly/1tP9T1K) of May’s decision (CD May 27 p1) denying challenges to the FCC 2011 USF/intercarrier compensation order. No member of the original panel or…
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judge in regular active service on the court requested the court be polled, said the 10th Circuit in a Wednesday order. The decision starts the 90-day clock on the parties to file a petition for cert, said Stinson Morrison attorney Harvey Reiter, who represented rural CLECs in the case. The petition for rehearing is not a necessary step for a petition for cert, but the motion for rehearing put the clock on hold, he said. Reiter did not know Thursday if anyone would file a petition for cert. Allband was not available for comment. Allband had petitioned (http://bit.ly/1pMYCyX) for rehearing July 7, arguing that if the order is not reversed, it would lead to the “financial destruction” of the company. Allband argued for the rehearing on a number of grounds, including that the panel decision “overlooked a major issue raised by Allband ... that the United States and its agencies may not retroactively reverse statutory or agency orders or regulations upon which entities have relied to their detriment.”