International Telecard Ass'n v. F.C.C., No. 98-1291

CourtUnited States Courts of Appeals. United States Court of Appeals (District of Columbia)
Writing for the CourtPER CURIAM
Citation166 F.3d 387
Docket NumberNo. 98-1291
Decision Date23 February 1999
PartiesINTERNATIONAL TELECARD ASSOCIATION and WorldCom, Incorporated, Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION and United States of America, Respondents.

Page 387

166 F.3d 387
334 U.S.App.D.C. 259
INTERNATIONAL TELECARD ASSOCIATION and WorldCom,
Incorporated, Petitioners,
v.
FEDERAL COMMUNICATIONS COMMISSION and United States of
America, Respondents.
No. 98-1291.
United States Court of Appeals,
District of Columbia Circuit.
Feb. 23, 1999.

Glenn B. Manishin and Christy C. Kunin were on the petition for rehearing, for petitioner International Telecard Association.

Before: GINSBURG, SENTELLE, and ROGERS, Circuit Judges.

Opinion for the court filed PER CURIAM.

PER CURIAM:

In Richman Bros. Records, Inc., v. Federal Communications Commission, 124 F.3d 1302 (D.C.Cir.1997), we dismissed a petition for review because the petitioners had not yet sought review of the agency order by the full Federal Communications Commission, as required by 47 U.S.C. § 155(c)(7). The question presented in this case is whether judicial review can be obtained when Commission review has been sought, but not yet obtained. In other words, is the act of filing a request for Commission review in itself sufficient to satisfy the judicial review prerequisites of § 155(c)(7). We hold that it is not.

The order under review in this petition was issued March 9, 1998, by the Chief of the FCC's Common Carrier Bureau, Implementation of the Payphone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, Order No. DA 98-481, 13 FCC Rcd 4998 (Com. Car. Bur.1998). The order was issued pursuant to authority delegated by the full Commission to the Common Carrier Bureau Chief. See 47 U.S.C. § 155(c)(1); 47 C.F.R. §§ 0.91 & 0.291. In April 1998, petitioners filed an application for full Commission review of the March 9 order, pursuant to 47 U.S.C. § 155(c)(1) (orders issued on authority delegated by the Commission "may be adopted, amended, or rescinded only by a vote of the majority of the members of the Commission then holding office"). Petitioners filed a petition for judicial review in June 1998. The FCC moved to dismiss for lack of jurisdiction because the full Commission had not yet resolved the application for administrative review. In an unpublished order filed September 15, 1998, we granted the FCC's motion and dismissed the petition for review.

Petitioner International Telecard Association (ITA) filed a petition for rehearing arguing that the act of filing an application for Commission review satisfies the statutory prerequisite to judicial review, and that petitioners need not await the...

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12 practice notes
  • Folden v. U.S., No. 03-5124.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 16 de agosto de 2004
    ...had not sought review of the agency order by the full Commission as required by section 155(c)(7)); Int'l Telecard Ass'n v. FCC, 166 F.3d 387 (D.C.Cir.1999) (dismissing the appeal as premature because the Commission had not yet ruled on the pending petition for 6. Plaintiffs' takings claim ......
  • Sandwich Isles Commc'ns, Inc. v. Nat'l Exch. Carrier Ass'n, Civil Action No. 10–02341 (ABJ).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 29 de julho de 2011
    ...the underlying agency action non-final (and hence unreviewable) with respect to the filing party.”); see also Int'l Telecard Ass'n v. FCC, 166 F.3d 387, 388 (D.C.Cir.1999) (“Ongoing agency review renders an order nonfinal for purposes of judicial review, and a petition for review of the ord......
  • Verizon Telephone Companies v. F.C.C., No. 04-1331.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 20 de junho de 2006
    ...the Commission issues an order specifying the precise amount that BellSouth must pay in refunds." See Int'l Telecard Ass'n v. FCC, 166 F.3d 387, 388 (D.C.Cir.1999)("`[t]he filing of an application for review [by the full Commission] shall be a condition precedent to judicial revie......
  • Cellular Phone Taskforce v. FCC and USA, Docket Nos. 97-4328
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 5 de abril de 1999
    ...or action made or taken pursuant to a delegation under paragraph (1) of this subsection."); International Telecard Assoc. v. FCC, 166 F.3d 387, 387-88 (D.C. Cir. 1999) (per While we have said that the foregoing exhaustion requirement is not inflexible, we generally do not permit petiti......
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11 cases
  • Folden v. U.S., No. 03-5124.
    • United States
    • United States Courts of Appeals. United States Court of Appeals for the Federal Circuit
    • 16 de agosto de 2004
    ...had not sought review of the agency order by the full Commission as required by section 155(c)(7)); Int'l Telecard Ass'n v. FCC, 166 F.3d 387 (D.C.Cir.1999) (dismissing the appeal as premature because the Commission had not yet ruled on the pending petition for 6. Plaintiffs' takings claim ......
  • Sandwich Isles Commc'ns, Inc. v. Nat'l Exch. Carrier Ass'n, Civil Action No. 10–02341 (ABJ).
    • United States
    • United States District Courts. United States District Court (Columbia)
    • 29 de julho de 2011
    ...the underlying agency action non-final (and hence unreviewable) with respect to the filing party.”); see also Int'l Telecard Ass'n v. FCC, 166 F.3d 387, 388 (D.C.Cir.1999) (“Ongoing agency review renders an order nonfinal for purposes of judicial review, and a petition for review of the ord......
  • Verizon Telephone Companies v. F.C.C., No. 04-1331.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (District of Columbia)
    • 20 de junho de 2006
    ...until the Commission issues an order specifying the precise amount that BellSouth must pay in refunds." See Int'l Telecard Ass'n v. FCC, 166 F.3d 387, 388 (D.C.Cir.1999)("`[t]he filing of an application for review [by the full Commission] shall be a condition precedent to judicial review of......
  • Cellular Phone Taskforce v. FCC and USA, Docket Nos. 97-4328
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 5 de abril de 1999
    ...report, or action made or taken pursuant to a delegation under paragraph (1) of this subsection."); International Telecard Assoc. v. FCC, 166 F.3d 387, 387-88 (D.C. Cir. 1999) (per While we have said that the foregoing exhaustion requirement is not inflexible, we generally do not permit pet......
  • Request a trial to view additional results

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