California Association of the Physically Handicapped, Inc. v. Federal Communications Commission

The California Association of the Physically Handicapped, Inc. (CAPH) petitions for review of a Federal Communications Commission (FCC) order denying its petition for rulemaking. The FCC moves to dismiss for lack of jurisdiction. The issue is whether the time limitation set forth in 28 U.S.C. § 2344 (1982) is jurisdictional. We hold that the statute is jurisdictional and dismiss the petition.

FACTS AND PROCEEDINGS BELOW

In February 1980 CAPH filed a petition for rulemaking with the FCC. The petition sought inclusion of the physically handicapped in FCC programs to facilitate minority ownership of broadcast properties. The FCC announced its denial of the petition in a news release on December 13, 1985, and, on December 16, 1985, released a memorandum opinion and order denying the petition. CAPH did not receive a copy of the order from the FCC until February 25, 1986, and was unaware of the order until its receipt. CAPH requested reis-suance of the order; the FCC did not respond. On March 14, 1986, CAPH filed its petition for review under 28 U.S.C. § 2342 (1).

DISCUSSION

This petition is brought pursuant to 28 U.S.C. § 2342 (1), and is subject to the requirement of section 2344…