FCC Renews Push at D.C. Circuit for Dismissal of BIU Litigation

BIU's argument that the U.S. Court of Appeals for the D.C. Circuit should hold off ruling on the FCC's motion to dismiss litigation against it until the agency first helps BIU understand how to properly pursue the relief it seeks from the agency (see 2309080074) isn't a valid basis for the court's jurisdiction, the commission told the court in a reply brief Thursday (docket 23-1163), renewing its push for dismissal of BIU's litigation. Lender BIU is challenging the FCC Enforcement Bureau’s dismissal of satellite company Spectrum Five’s complaint against Intelsat (see 2306280034). The FCC told the D.C. Circuit that it's immaterial BIU when it filed its petition for review believed it had no more administrative remedies available, because that doesn't change the fact it didn't seek full Commission review, which is a statutory precondition to the court reviewing the dismissal order.