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Edward R. Stolz, dba Royce International Broadcasting Company v. Federal Communications Commission

Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 16-1248 · judgment February 16, 2018

Certiorari denied · October 1, 2018
Pre-decision estimate: 6% cert probability (95% interval 3%–9%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a D.C. Circuit decision below, a circuit split argued in the petition, and a business petitioner.

Questions presented

  1. Whether the FCC violated Petitioner’s Fifth Amendment right to due process when it enforced section 405(a) of the Telecommunications Act, which both requires the filing of a petition for reconsideration prior to judicial review of FCC decisions and mandates the enforcement of FCC rulings immediately pending reconsideration, where the Commission did not issue its final ruling on Petitioner’s mandatory administrative remedies for over thirteen years.

  2. Can a court of appeals can dismiss an argument as moot when the basis for doing so involves a question of fact, presented for the first time at oral argument.

  3. Whether the D.C. Circuit erred in its finding that an interlocutory judgment does not constitute a reversionary interest under its previous ruling in Kidd Communications v. FCC, 427 F.3d 1 (2005).

Counsel of record

For petitioner
Dariush Ghaffar Adli
ADLI Law Group, PC

For respondent
Noel John Francisco
Jones Day

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 01 2018
    Petition DENIED.
  2. Aug 01 2018
    DISTRIBUTED for Conference of 9/24/2018.
  3. Jul 26 2018
    Waiver of right of respondent Federal Communications Commission to respond filed.
  4. Jun 18 2018
    Petition for a writ of certiorari filed. (Response due August 2, 2018)