Background
Several telecommunications trade associations petitioned for review in consolidated proceedings involving the Federal Communications Commission and the United States. Hamilton Relay, Inc. intervened in one of the proceedings.
After a Sixth Circuit panel issued a decision and judgment, the petitioners sought rehearing en banc. The full court considered whether to rehear the consolidated cases.
The Court’s Holding
A majority of the Sixth Circuit’s judges in regular active service voted to grant rehearing en banc.
Under Sixth Circuit Rule 40(d), that decision vacated the court’s previous opinion and judgment, stayed the mandate, and restored the case to the docket as a pending appeal. The court directed the clerk to obtain supplemental briefing and schedule oral argument as soon as possible.
Key Takeaways
- The Sixth Circuit granted rehearing en banc in the consolidated FCC proceedings.
- The prior panel opinion and judgment no longer have effect because they were vacated.
- The mandate is stayed, and the merits remain pending before the en banc court.
Why It Matters
The order eliminates the prior panel decision as the operative ruling and places the dispute before the full Sixth Circuit. Any substantive outcome must await supplemental briefing, en banc oral argument, and a new decision.