FCC Making Mandamus Into 'Suggestion' Instead of Duty, CEI Says
FCC arguments against the Competitive Enterprise Institute seeking writ of mandamus (see 1803050023) would have the agency be forever insulated from mandamus by a downgrade "to a mere congressional suggestion" of its statutory duty to respond within 90 days to…
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a petition for reconsideration, CEI said Friday in a docket 17-1261 opposition (in Pacer) with the U.S. Court of Appeals for the D.C. Circuit. It said the FCC's read also violates the separation of powers since there would be no law that Congress could pass to require the agency to review the CEI petition. And it said the FCC didn't offer any justification for the 21-month delay on its administrative reconsideration petition about overbuild conditions required in Charter's buying Time Warner Cable and Bright House Networks or for any further delay. The FCC didn't comment.