The Prometheus Radio Project asked that its petition...
The Prometheus Radio Project asked that its petition for a ruling requiring the FCC follow the diversity requirements of the 3rd U.S. Circuit Court of Appeals be uncoupled from other court challenges to the FCC 2014 quadrennial review Further NPRM,…
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said a motion filed in the U.S Court of Appeals for the D.C. Circuit Friday. Such rulings, called Writs of Mandamus, are sometimes used to compel agencies to take specific actions. The D.C. Circuit is already considering a motion from Prometheus to move the consolidated court challenges to the quadrennial review and the commission’s joint sales agreement attribution rule to the 3rd Circuit (CD Sept 10 p22), but the mandamus request should be considered separately, said Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman, who represents Prometheus. That venue change is under consideration by a D.C. Circuit merits panel, but the order shifting the matter to the panel was silent on the mandamus issue, Schwartzman said. The mandamus request should be shifted to the 3rd Circuit regardless of what happens to the other parts of the case since it concerns that circuit’s remand to the FCC that “the Commission failed to collect the data or conduct the studies necessary” to meet the Third Circuit’s requirements, said Prometheus’s filing