FCC Says Sandwich Isles a Day Late on Appeal of USF Repayment Order
The FCC told the U.S. Court of Appeals for the D.C. Circuit it should reject as untimely a March 5 petition seeking judicial review, after the agency denied a Sandwich Isles Communications request to reconsider a 2016 order saying the…
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Hawaiian telco must repay $27.3 million in improper USF payments it received 2002-2015 (see 1901030024). SIC said in a March 5 petition the FCC wrongly ignored a report from an independent consulting firm that it owed only $4.1 million in overpayments. “By ignoring the evidence, the FCC acted arbitrarily and capriciously,” SIC said (in Pacer, docket 19-1056). The FCC said in a filing posted Thursday that regardless of the merits, the petition for review was due at the court 60 days after the FCC released an order rejecting the telco’s claims. The window closed March 4, the regulator said: “Because Sandwich Isles failed to file its petition within the statutory filing period, this Court is ‘constrained to dismiss the untimely petition for review for want of jurisdiction.’”