On: The Joint Petition Filed Dish Network LLC, et al. for Declaratory Ruling Concerning the Telephone Consumer Protection Act (TCPA) Rules, CG Docket No. 11-50, 26 FCC Red. 5040, 5041 (April 4, 2011). The FCC issued a notice on April 4, 2011 requesting comments. Id. Comments were supposed to be submitted by May 19, 2011. Id. at 5043. Today, over two years since the filing of the petitions with the FCC, no ruling or guidance has been provided. It would be safe to assume that the parties would face a similar timeframe here. During this entire time, Jamison will await his day in court. The Court finds that the potential delay in this case more than outweighs any theoretical benefit that might be achieved with an FCC resolution on this issue. See Nat’l Communs. Ass’n, 46 F.3d at 225 (<HOLDING>). Accordingly, Honda’s motion for a stay on
holding that a delay of even two years resulting from a referral to the fcc more than outweighs any benefit that might be achieved by having the fcc resolve the dispute holding the delays of more than six years did not amount to the denial of access to the courts holding that when determining whether a delay in prosecution violates a defendants right to a speedy trial courts must consider the length of the delay the reason for the delay whether the defendant asserted his rights and the resulting prejudice to the defendant holding that a delay of more than eight years attributable to the normal workings of the appellate process in addressing a pretrial appeal is reasonable holding that a delay of more than four years caused largely by the state making pretrial appeals was reasonable under the circumstances