FCC: DC Circuit Lacks Jurisdiction in Spectrum Five Matter

The U.S. Court of Appeals for the D.C. Circuit should reject bank BIU’s legal challenge of the FCC Enforcement Bureau’s dismissal of satellite company Spectrum Five’s complaint against Intelsat (see 2306280034) because BIU didn’t first appeal the bureau order to the full commission, said the FCC in a motion Monday. The Enforcement Bureau dismissed the complaint after Spectrum Five withdrew it, but BIU argued at the time that the bank had sole authority to withdraw the petition. The D.C. Circuit has jurisdiction over FCC final orders only, not the orders of subordinate bureaus, the agency said. After BIU told the FCC Spectrum Five didn’t have the authority to withdraw, the EB sent a letter of inquiry to Spectrum Five, but a response isn’t due until Aug. 25 (see 2308140041). “BIU has failed to exhaust administrative remedies. Thus, this Court lacks jurisdiction to consider the merits of the petition and should dismiss,” the FCC said.