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Call for Junk Fax Ruling Rehearing En Banc Challenged

That FCC Chairman Ajit Pai and Commissioner Mike O'Rielly are backing an appellate court panel decision declaring the junk fax rule unlawful (see 1703310018) means intervenors seeking an en banc rehearing can't show extraordinary circumstances that would warrant granting their…

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request (see 1705010061), said the class-action defendant petitioners. In a response (in Pacer) Friday in U.S. Court of Appeals for the D.C. Circuit, the defendant petitioners said the panel decision was "a routine application" of the Chevron standard and in line with prior Supreme Court and D.C. Circuit Court decisions. Counsel for intervenors didn't comment Monday.