FCC Says Court Should Reject Blanca Pursuit of Stay on USF Repayment Order
The FCC told the 10th U.S. Circuit Court of Appeals it should reject on procedural grounds a petition by Blanca Telephone seeking a stay of an order that Blanca must repay $6.75 million in USF support "to which it was…
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not entitled." Earlier this month, commissioners upheld an Office of Managing Director decision ordering the repayment (see 1712110055). “Blanca did not request a stay from the FCC before seeking judicial intervention and now seeks a judicial stay on grounds that it never presented to the agency,” the FCC said in a filing with the court. “More fundamentally, Blanca’s stay motion makes no attempt to show that the Order is wrong on the merits or is likely to be overturned upon further review. That stark failure provides a separate and additional basis on which the stay request must be denied.” Blanca didn’t comment.