LTD, FCC Argue RDOF Standard of Review in D.C. Circuit

WASHINGTON, Nov. 7, 2024 – Judges probed LTD Broadband and the Federal Communications Commission Monday during oral arguments in the company’s challenge to its $1 billion subsidy denial.

LTD’s attorney Michael Showalter argued the company received heightened scrutiny because of its smaller size. He said the agency should have given more weight to its letter of credit and engineer-certified network designs.

“The bureau is not allowed to apply a heightened standard of review for companies that are smaller,” he said. “It’s certainly allowed to review the application, but it’s not allowed to apply a heightened, skeptical, de novo first look.”