Parties Triggering Judicial Lottery Must Begin Emailing Petitions to FCC July 25
Parties seeking to participate in a potential judicial lottery to determine court venue -- when challenges to an FCC order are filed in different courts -- must begin emailing their petitions for review to the commission under a new rule…
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taking effect July 25, the Office of General Counsel said in a public notice Tuesday (see 1606230027). The PN said parties must file such petitions in a proper federal appellate court and email the FCC an electronic copy, both within 10 days of issuance of the challenged order. "If you have a paper, date-stamped copy of your petition, you must scan or otherwise convert it to electronic form in order to transmit it by email. The Office of General Counsel must receive the emailed copy of your petitions for review by 5:30 p.m. Eastern Time on the tenth day of the filing period," it said. Parties challenging an FCC order that don't seek to participate in a potential judicial lottery aren't required to serve notice to the commission. "However, in the interest of administrative efficiency, the Commission requests that such a petitioner nevertheless serve a copy of its petition on the FCC Office of General Counsel. Parties are encouraged (but not required) to serve such notice by email," the PN said. Parties that appeal certain FCC licensing-related actions under 47 U.S. Code Section 402(b) are required to give the commission notice. "The Commission has authorized and encourages litigants to provide such notice by email," it said.