Hilliary Tells D.C. Circuit That Complaint Against FCC Continues
Hilliary Acquisition told the U.S. Court of Appeals for the D.C. Circuit that it wants to continue its case for a writ of mandamus seeking the return of $841,128.25 the company made in down payments for 42 licenses when it was the high bidder during the 2020 citizens broadband radio service auction (see 2412110065). The FCC denied the request in a Jan. 16 order, the company said. “The FCC now argues that with the grant of such Refund Order, mandamus relief is unavailable to Hilliary because an adequate alternative remedy now exists,” Hilliary said in a brief filed Tuesday.
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The refund order “does not resolve the issues raised in Hilliary’s Petition,” the brief said. It “only addresses whether Petitioner is entitled to a full refund of all money held by the FCC, and not whether Hilliary is entitled to the excess amounts paid to the Commission, an issue raised in the Petition,” the brief says, adding: “Because the Commission did not address the issue of whether Hilliary is entitled to such excess amounts paid to the FCC in the Refund Order, there is still ‘no adequate alternative remedy’ other than to seek a writ of mandamus.”