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Wednesday, May 11, 2011

Caution! Irony may be hot.

I wonder if the FCC was able to deliver this appeal decision with a straight face. Seems the applicant file the 471 on time, but mailed in the certification 8 days late, then filed an appeal to USAC, but that was 22 days late, so they filed an appeal with the FCC. 11 months later, the FCC denied that appeal, and the applicant filed a Request for Review. 7 years later, the FCC decides on the request.

The delay was a good thing, since Bishop Perry arrived in the meantime.

But you know, there is a rule that says the FCC has to decide appeals within 90 days. (Those of us who have been watching appeal decisions long enough remember that the FCC used to grant itself extensions all the time, but it seems that in 2005 they stopped bothering with orders like this one.) So in this case they missed the deadline by about 2,500 days.

(a) The Wireline Competition Bureau shall, within ninety (90) days, take action in response to a request for review of an Administrator decision that is properly before it. The Wireline Competition Bureau may extend the time period for taking action on a request for review of an Administrator decision for a period of up to ninety days. The Commission may also at any time, extend the time period for taking action of a request for review of an Administrator decision pending before the Wireline Competition Bureau.

Oh wait, that's only USAC decisions, and this case was a review of an FCC decision. So that's OK, then. Unless someone with better search capabilities or more spare time than me can find the rule for the FCC considering review of its own decisions....

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