D.C. Circuit Grants FCC Motion to Dismiss Indian Peak Petition as ‘Incurably Premature’
The U.S. Appeals Court for the D.C. Circuit granted the FCC’s Oct. 5 motion to dismiss Indian Peak Properties’ petition for review of a commission over-the-air reception device rule (see 2310240005), said the court's per curiam order Thursday (docket 23-1223).…
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Indian Peak sought judicial review of two letter rulings issued by the Wireless and Media bureaus under delegated authority. But the challenged orders aren’t final, and the petition for review “is incurably premature” in light of Indian Peak’s application for review pending before the FCC, said the order. Under D.C. Circuit Rule 36, the disposition in the case won’t be published, it said. The court directed the clerk to withhold issuance of the mandate in the case until seven days after disposition “of any timely petition for rehearing or petition for rehearing en banc,” it said.