USCA Case #19-1056 Document #1779610 Filed: 03/26/2019 Page 1 of 5 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT Sandwich Isles Communications, Inc., ) Petitioner, ) ) v. ) No. 19-1056 ) Federal Communications Commission ) and United States of America, ) Respondents. ) MOTION TO DISMISS AND TO DEFER FILING OF THE RECORD The Federal Communications Commission moves to dismiss this case because the petition for review was not timely filed. The Commission also moves to defer filing of the record until the Court rules on the motion to dismiss. Sandwich Isles Communications, Inc. has petitioned for review of two FCC orders: Sandwich Isles Communications, Inc., 31 FCC Rcd 12999 (2016) (Improper Payments Order), and Sandwich Isles Communications, Inc., FCC 18- 172 (released Jan. 3, 2019) (Reconsideration Order). In the Improper Payments Order, the FCC determined that Sandwich Isles had improperly received millions of dollars in payments from the federal universal service high-cost support mechanisms. The Commission directed the Universal Service Administrative Company to recover these improper payments from Sandwich Isles. Improper Payments Order ¶ 2. The Improper Payments Order was released on December 5, 2016. Sandwich Isles filed a timely petition for USCA Case #19-1056 Document #1779610 Filed: 03/26/2019 Page 2 of 5 2   reconsideration of that order on January 4, 2017. The Commission denied the petition for reconsideration in the Reconsideration Order, which was released on January 3, 2019. Pursuant to the Hobbs Act,  [a] petition for judicial review to challenge a final order of the Commission must be filed  within 60 days after its entry.  Cellular Telecommc ns & Internet Ass n v. FCC, 330 F.3d 502, 504 (D.C. Cir. 2003) (CTIA) (quoting 28 U.S.C. § 2344). This  statutory time limit is jurisdictional. Ibid. As Sandwich Isles acknowledges, the period for seeking judicial review of the FCC s orders commenced with the release of the Reconsideration Order on January 3, 2019. See Petition at 2 ( the limitations period for [Sandwich Isles] to file a petition for review of the orders  was triggered on January 3, 2019 ).1 The 60-day filing window closed on March 4, 2019. Sandwich Isles filed its petition for review one day later, on March 5, 2019. Because Sandwich Isles failed to file its petition within the statutory filing period, this Court is  constrained to dismiss the untimely petition for review for want of jurisdiction. CTIA, 330 F.3d at 504.                                                              1 See also 47 C.F.R. § 1.4(b)(2) (the period for seeking review of a  non- rulemaking document  released by the Commission begins to run on the document s  release date ). USCA Case #19-1056 Document #1779610 Filed: 03/26/2019 Page 3 of 5 3   Respectfully submitted, Thomas M. Johnson, Jr. General Counsel David M. Gossett Deputy General Counsel Jacob M. Lewis Associate General Counsel /s/James M. Carr James M. Carr Counsel Federal Communications Commission Washington, DC 20554 (202) 418-1740 March 26, 2019 USCA Case #19-1056 Document #1779610 Filed: 03/26/2019 Page 4 of 5 CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMIT Certificate of Compliance With Type-Volume Limitation, Typeface Requirements and Type Style Requirements . This document complies with the type-volume limit of Fed. R. App. P. (d)()(A) because, excluding the parts of the document exempted by Fed. R. App. P. (f): & this document contains words, or & this document uses a monospaced typeface and contains lines of text. . This document complies with the typeface requirements of Fed. R. App. P. (a)() and the type style requirements of Fed. R. App. P. (a)() because: & this document has been prepared in a proportionally spaced typeface using Microsoft Word in -point Times New Roman, or & this document has been prepared in a monospaced spaced typeface using with . s/ James M. Carr James M. Carr Counsel Federal Communications Commission Washington, D.C. 20554 (202) 418-1740 USCA Case #19-1056 Document #1779610 Filed: 03/26/2019 Page 5 of 5   CERTIFICATE OF FILING AND SERVICE I, James M. Carr, hereby certify that on March , , I filed the foregoing Motion to Dismiss and to Defer Filing of the Record with the Clerk of the Court for the United States Court of Appeals for the District of Columbia Circuit using the electronic CM/ECF system. Participants in the case who are registered CM/ECF users will be served by the CM/ECF system. s/ James M. Carr James M. Carr Counsel Federal Communications Commission Washington, D.C. 20554 (202) 418-1740