FCC Sitting on E-rate Recon Petition: Petitioners

Since the FCC sits on reconsideration petitions as it tries insulating itself from judicial review, the 5th U.S. Circuit Court of Appeals shouldn't wait for "the futile exhaustion of arguments," said petitioners Maurine and Matthew Molak. In a letter to the 5th Circuit, the Molaks -- who unsuccessfully challenged the FCC's August E-rate hot spots order (see 2409260046) and are challenging the agency's 2023 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) -- said they have filed a reconsideration petition on the hotspots order. Three months later, the FCC has not acted on that petition, the Molaks said. Given that the hot spots litigation was dismissed in part because the FCC hasn't acted on the recon petition, the 5th Circuit shouldn't dismiss the bus litigation on the basis that no recon petition has been filed, they said Thursday in the letter in docket 23-60641. The FCC didn't comment Thursday.