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3rd Circuit Reissues Mandate for Prometheus Case

The 3rd U.S. Circuit Court of Appeals reissued (on Pacer) the mandate for the court’s Prometheus IV. The Supreme Court ruled in the FCC's favor in April (see 2104010067). “This Court’s prior opinion and amended judgment are hereby VACATED. This…

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Court and panel do not retain jurisdiction,” the 3rd Circuit said Friday. The reissue is largely pro forma and rules restored by the SCOTUS decision are already back in effect, said Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman, who represented public interest groups here. The FCC cites reinstatement of the eligible entity definition and its effect on a specific auction rule (see 2104270078).