BIU Fighting FCC Bid to Dismiss Appeal of Dropped Complaint
BIU "was defrauded" when Spectrum Five head David Wilson withdrew the company's complaint against Intelsat without BIU's consent or knowledge, the lender told the U.S. Court of Appeals for the D.C Circuit Thursday in opposition to plaintiff FCC's motion…
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to dismiss (docket 23-1163). Plaintiff BIU said the FCC's argument involves the idea there can't be judicial review of the agency's dismissal of the SF complaint because BIU had other administrative remedies to pursue, but BIU, when it filed its petition for review, believed ithad exhaused those remedies. BIU said it can't be both unable to appeal to the full commission because the deadline passed and unable to seek judicial review because it hasn't appealed to the full commission. BIU said it mailed the agency last week asking it to confirm that BIU hasn't exhausted its administrative remedies, and if that's true, the petition to review will be dismissed voluntarily. The agency didn't comment Friday.