FCC, Others Oppose Stay of Mandate in Junk Fax Appeal
Intervenors in an appellate case that voided the FCC's junk fax rule haven't met the burden of showing their petition for a stay of mandate presents a substantial question that justifies such a stay, the FCC said in a response…
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(in Pacer) posted Thursday in the U.S. Court of Appeals for the D.C. Circuit. Responding to the intervenors' motion for a stay filed earlier this month (see 1706130018), the agency said intervenors didn't demonstrate substantial harm that would come from the mandate not being stayed -- an argument echoed by the class-action defendant petitioners in their own filing (in Pacer) posted Thursday. The defendant petitioners said there's "no realistic prospect" of the Supreme Court granting certiorari, especially since the majority of commissioners agree the junk fax rule is unlawful. The defendant petitioners said the case revolves around "a narrow administrative law question on which there is no conflict of authority." Counsel for the intervenors didn't comment Friday.