Whether the FCC violated Petitioner's Fifth Amendment right to due process

QUESTIONS PRESENTED 1. Whether the FCC violated Petitioner’s Fifth Amendment right to due process when it enforced section 405(a) of the Telecommunications Act, which both requires the filing of a petition for reconsideration prior to judicial review of FCC decisions and mandates the enforcement of FCC rulings immediately pending reconsideration, where the Commission did not issue its final ruling on Petitioner’s mandatory administrative remedies for over thirteen years. 2. Can a court of appeals can dismiss an argument as moot when the basis for doing so involves a question of fact, presented for the first time at oral argument. 3. Whether the D.C. Circuit erred in its finding that an interlocutory judgment does not constitute a reversionary interest under its previous ruling in Aidd Communications v. FCC, 427 F.3d 1 (2005). ii PARTIES TO THE PETITON PETITIONER e Edward R. Stolz, II d/b/a Royce International Broadcasting Company RESPONDENT e Federal Communications Commission INTERVENORS e Entercom Communications Corp. e Entercom License, LLC