Free Access & Broadcast Telemedia, LLC (FAB) filed a response to the FCC’s brief on Friday, Nov. 25, at the U.S. Court of Appeals for the District of Columbia Circuit.

According to FAB, the government’s brief filed Nov. 14 articulates internally inconsistent rationales that respond not to what Petitioners in fact argued but, rather, to arguments the FCC wishes had been made, and the Commission’s assertion that Free Access et al. are re-litigating issues settled by the Court’s Mako decision is a subtle but characteristic attempt to confuse the Court on what this case is about.

“To paraphrase Donald Rumsfeld, the FCC can’t go to court with the case it wishes it had, it must go with the case it has. This is clearly an indication that the FCC is trying to finesse a weak hand and gives FAB even more confidence that it will prevail on the merits when the Court hears the case,” said FAB Communications Director Dave Seyler.

To view FAB’s full response in PDF form, click here.

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