`
`21-1233
`No. _________
`
`In the United States Court of Appeals
`F O R T H E D.C. C I R C U I T
`
`China Telecom (Americas) Corporation,
`
`Petitioner,
`
`v.
`
`Federal Communications Commission and
`United States of America,
`
`Respondents.
`
`On Petition for Review
`from the Federal Communications Commission
`
`PETITION FOR REVIEW
`
`MORGAN, LEWIS & BOCKIUS LLP
`Andrew D. Lipman
`Russell M. Blau
`Raechel Keay Kummer
`1111 Pennsylvania Avenue, NW
`Washington, DC 20004
`T: (202) 739-3000
`F: (202) 739-3001
`
`Counsel for Petitioner China Telecom
`(Americas) Corporation
`
`
`
`USCA Case #21-1233 Document #1922325 Filed: 11/15/2021 Page 2 of 5
`
`PETITION FOR REVIEW
`
`Pursuant to 5 U.S.C. § 706, 47 U.S.C. § 402(a), 28 U.S.C. §§ 2342(1) and
`
`2344, and Federal Rule of Appellate Procedure 15(a), Petitioner China Telecom
`
`(Americas) Corporation hereby petitions this Court for review of the Federal
`
`Communications Commission’s Order on Revocation and Termination issued
`
`October 26, 2021 and released November 2, 2021, in the proceedings captioned In
`
`the Matter of China Telecom (Americas) Corporation, GN Docket No. 20-109,
`
`FCC 21-114 (“Order”). Petitioner attaches the Order as Exhibit A to this petition.1
`
`Venue is proper in this Court pursuant to 28 U.S.C. § 2343.
`
`China Telecom (Americas) Corporation petitions this Court to set aside the
`
`Order pursuant to 5 U.S.C. § 706(2) because it is arbitrary, capricious, an abuse of
`
`discretion, or otherwise not in accordance with law; contrary to constitutional right,
`
`power, privilege, or immunity; in excess of statutory jurisdiction, authority, or
`
`limitations, or short of statutory right; and without observance of procedure
`
`required by law.
`
`Accordingly, China Telecom (Americas) Corporation respectfully requests
`
`that this Court hold unlawful, vacate, and set aside the Order, and that it provide
`
`such additional relief as may be appropriate.
`
`Exhibit A is the publicly available, redacted version of the Order.
`1
`Contemporaneously herewith China Telecom (Americas) Corporation will file an
`unredacted version of the Order under seal.
`1
`
`
`
`USCA Case #21-1233 Document #1922325 Filed: 11/15/2021 Page 3 of 5
`
`Dated: November 15, 2021
`
`Respectfully submitted,
`
`/s/ Russell M. Blau
`MORGAN, LEWIS & BOCKIUS LLP
`Andrew D. Lipman
`Russell M. Blau
`Raechel Keay Kummer
`1111 Pennsylvania Avenue, NW
`Washington, DC 20004
`T: (202) 739-3000
`F: (202) 739-3001
`andrew.lipman@morganlewis.com
`russell.blau@morganlewis.com
`raechel.kummer@morganlewis.com
`
`Counsel for China Telecom (Americas)
`Corporation
`
`2
`
`
`
`USCA Case #21-1233 Document #1922325 Filed: 11/15/2021 Page 4 of 5
`
`CERTIFICATE REGARDING SERVICE
`
`I certify, in accordance with Fed. R. App. P. 15(c), that I have served a copy
`
`of this Petition by first-class mail, postage prepaid, on each of the following parties
`
`admitted to participate in the agency proceedings:
`
`Kathy Smith
`Chief Counsel
`National Telecommunications and Information Administration
`1401 Constitution Avenue, NW
`Washington, DC 20230
`
`Internet Governance Project
`Georgia Institute of Technology
`685 Cherry St.
`Atlanta, GA 30332
`
`In accordance with Local Rule 15(a), I certify that the names of the
`
`Respondents and the addresses where they may be served with copies of this
`
`Petition are as follows:
`
`Federal Communications Commission
`c/o P. Michele Ellison, Acting General Counsel, Office of General Counsel
`45 L Street NE
`Washington, DC 20554
`
`Merrick B. Garland
`Attorney General of the United States
`c/o U.S. Department of Justice
`950 Pennsylvania Avenue, NW
`Washington, DC 20530-0001
`
`Dated: November 15, 2021
`
`/s/Russell M. Blau
`
`3
`
`
`
`USCA Case #21-1233 Document #1922325 Filed: 11/15/2021 Page 5 of 5
`
`PETITIONER’S RULE 26.1 CORPORATE DISCLOSURE STATEMENT
`
`Pursuant to Circuit Rule 28(a)(1)(A) and Federal Rule of Appellate
`
`Procedure 26.1(a), China Telecom (Americas) Corporation states that it is a
`
`wholly-owned subsidiary of China Telecom Corporation Limited, a corporation
`
`whose stock is publicly held. China Telecom Corporation Limited is a subsidiary
`
`of China Telecommunications Corporation, a state-owned enterprise of the
`
`People’s Republic of China. China Telecom (Americas) Corporation has no other
`
`direct or indirect parent companies.
`
`Pursuant to Circuit Rule 26.1(b), China Telecom (Americas) Corporation
`
`states that it is an international telecommunications company operating in the
`
`United States and other countries in the Western Hemisphere. It is a Delaware
`
`corporation that operates its U.S. business as an independent profit-making
`
`commercial enterprise.
`
`Dated: November 15, 2021
`
`/s/ Russell M. Blau
`
`4
`
`
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