Yesterday, the Federal Communications Commission filed a “Motion to Hold Case in Abeyance” with the U.S. Court of Appeals for the District of Columbia Circuit, arguing that pending petitions for reconsideration of the FCC’s April 7th pole attachment order touch on issues that are currently pending before the court. The FCC further argues that the FCC’s decision on those pending petitions for reconsideration could potentially conflict with any decision by the court. As a legal matter, the FCC claims that “it is a common practice for the reviewing court, on request by the agency or by other parties, to hold its review proceeding in abeyance pending agency action on the petitions for reconsideration.” Moreover, the FCC argues “that approach makes sense in these circumstances,” because allowing FCC to address the issues on reconsideration first would “simplify judicial review by resolving issues that the Court otherwise would need to address, or by clarifying or providing additional analysis of issues that remain in dispute,” and it would “mitigate the possibility of piecemeal (and possibly inconsistent) judicial review…” For more information, contact the UTC Legal/Regulatory Department.