In an electrifying legal showdown, the D.C. Circuit resoundingly sided with the Federal Communications Commission (FCC) in its contentious decision in banning two carriers with chinese parent company from American telecoms networks.
The battle emerged from Pacific Networks and ComNet, U.S.-anchored companies under the umbrella of CITIC Telecom International Holdings Ltd., who had been fervently seeking the appellate court’s intervention for over a year. Their wait came to a climactic conclusion this past Tuesday.
FCC Banning Chinese Telecoms: The Court’s Thrilling Take
Dissipating the haze of uncertainty, the three-judge panel emphatically stated, “The FCC adequately explained its decision to revoke Pacific Networks’ and ComNet’s authorizations, and it afforded adequate process to the carriers.” In a tone reflecting finality, they continued, “We therefore deny the petition for review.”
The Telecoms’ Retort and Court’s Rebuff
At the heart of the telecom companies’ grievance lay their belief that the FCC acted too hastily, bypassing essential protocols. They ardently argued that the FCC should’ve convened a neutral-party hearing, offering them a golden chance at discovery and cross-examination. By stripping away their Section 214 authorizations sans this step, the FCC trampled on both the Administrative Procedures Act and the Constitution’s due process clause, they proclaimed.
