ALJ Threatens Dismissal in Marion Hearing Proceeding
Marion Educational Exchange has seven days to demonstrate to FCC Administrative Law Judge Jane Halprin that it has an attorney, said Halprin in an order in MEE’s license hearing proceeding Wednesday (see 2206240060). If MEE doesn’t, the proceeding will be…
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dismissed for "failure to prosecute" and MEE will lose its low-power FM license, the order said. The ALJ rejected a provisional appearance filing from Holland Knight attorney Charles Naftalin that included a request for a two-month delay in the case while MEE evaluates its position. Since Naftalin’s motion also includes a provision where he could withdraw from the case, it doesn’t satisfy the ALJ’s requirement that MEE secure an attorney, the order said. “The proposed suspension of this proceeding may serve MEE, but it does not serve the public interest,” the order said. “MEE’s repeated failures to adhere to deadlines in this matter are sufficient justification for dismissal of this proceeding,” she said.