Auburn Seeks Sanctions Against Enforcement Bureau
The FCC Enforcement Bureau is “intentionally abusing the discovery process” said Auburn Network in a motion posted in docket 21-20 Monday calling for a recent EB filing to be struck and the bureau to be sanctioned (see 2108040061). “Auburn asks…
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that the Presiding Judge consider whether the Enforcement Bureau can continue in this proceeding due to abuse of process,” said the motion. The bureau violated process rules by twice filing replies to Auburn filings that under the rules don’t provide for replies, Auburn said. “If the Enforcement Bureau is not sanctioned, this proceeding will spin out of control with the parties filing replies and counter-replies,” said Auburn. “This is exactly what the Enforcement Bureau wants.” The bureau’s reply filing disputed Auburn’s characterization of the number of documents the EB had asked Administrative Law Judge Jane Halprin to privately review. “It is in the public interest for the record to accurately reflect that the Bureau requested that the Presiding Judge consider reviewing in camera all of the documents for which Auburn claimed privilege,” said the bureau. “Does the Enforcement Bureau believe that the Presiding Judge is incapable of reading the Enforcement Bureau’s late-filed July 23, 2021, Motion to Compel,” asked Auburn in the most recent motion. “What is the purpose of the Enforcement Bureau Motion and unauthorized Reply, if not to abuse process?” The bureau declined comment.