Telestar, Inc. v. Fed. Commc'ns Comm'n & the United States of Am., MCI Telecomm. Corp., Intervenor, 888 F.2d 132 (D.C. Cir. 1989). · Go Syfert
Telestar, Inc. v. Fed. Commc'ns Comm'n & the United States of Am., MCI Telecomm. Corp., Intervenor, 888 F.2d 132 (D.C. Cir. 1989). Cases Citing This Book View Copy Cite
“we hold therefore that when a petition for review is filed before the challenged action is final and thus ripe for review, subsequent action by the agency on a motion for 33 reconsideration does not ripen the petition for review or secure appellate jurisdiction.”
99 citation events (58 in the last 25 years) across 13 distinct courts.
Strongest positive: Xp Vehicles, Inc. v. U.S. Department of Energy (dcd, 2015-07-14)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Xp Vehicles, Inc. v. U.S. Department of Energy (2×) also: Cited "see"
D.D.C. · 2015 · quote attribution · 1 verbatim quote · confidence high
we hold therefore that when a petition for review is filed before the challenged action is final and thus ripe for review, subsequent action by the agency on a motion for 33 reconsideration does not ripen the petition for review or secure appellate jurisdiction.
examined Cited as authority (verbatim quote) Clifton Power Corp. v. Federal Energy Regulatory Commission (3×) also: Cited as authority (rule)
D.C. Cir. · 2002 · signal: see · quote attribution · 1 verbatim quote · confidence high
it is a pointless waste of judicial energy for the court to process any petition for review before the agency has acted on the request for reconsideration
cited Cited as authority (rule) Vanda Pharmaceuticals Inc. v. Food and Drug Administration
D.D.C. · 2024 · confidence medium
The purpose of the doctrine is to avoid “pointless[ly] wast[ing] . . . judicial energy,” TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.
discussed Cited as authority (rule) Osullivan, M.D. v. U.S. Department of Health and Human Services
D.D.C. · 2024 · confidence medium
While the Court appreciates the challenges Dr. O’Sullivan faces in navigating multiple visa programs and remaining unable to apply for permanent residency, “[s]o long as a request for agency reconsideration remains pending, [a plaintiff’s] attempt to seek judicial review must be dismissed as ‘incurably premature.’” Wade, 986 F.2d at 1434 (quoting TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.
discussed Cited as authority (rule) National Association of Immigration Judges v. FLRA (2×) also: Cited "see"
D.C. Cir. · 2023 · confidence medium
That is, “subsequent action by the agency on a motion for reconsideration does not ripen the [earlier-filed] petition for review or secure appellate jurisdiction.” Snohomish Cnty., 954 F.3d at 298 (alteration in original) (quoting TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.
cited Cited as authority (rule) Friends of the Earth v. NRC
D.C. Cir. · 2021 · confidence medium
Cir. 1993) (per curiam) (quoting TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.
discussed Cited as authority (rule) Snohomish County, Washington v. STB
D.C. Cir. · 2020 · confidence medium
Parties are not required to file petitions for reconsideration, but they may not “simultaneously move for reconsideration before the agency and petition this court for review.” TeleSTAR, Inc. v. FCC, 888 F.2d 132, 133 (D.C.
discussed Cited as authority (rule) Delaware Riverkeeper Network v. Secretary Pennsylvania Departm
3rd Cir. · 2017 · confidence medium
The Riverkeeper has not demonstrated prejudice from these alleged errors. 91 See TeleSTAR, Inc. v. FCC, 888 F.2d 132, 133 (D.C.
discussed Cited as authority (rule) Delaware Riverkeeper Network v. Secretary Pennsylvania Department of Environmental Protection
3rd Cir. · 2016 · confidence medium
Id. § 7:7A-14.3(c)(4) (emphasis added). 91 .See TeleSTAR, Inc. v. FCC, 888 F.2d 132, 133 (D.C.
discussed Cited as authority (rule) XP Vehicles, Inc. v. Department of Energy (2×) also: Cited "see"
D.D.C. · 2016 · confidence medium
Circuit case law does stand for the proposition that a request for reconsideration requires a litigant to wait for the agency to act before that litigant is permitted to file suit, see Clifton Power Corp. v. FERC, 294 F.3d 108, 110 (D.C.Cir.2002), and this doctrine holds that, even if the agency completes its. reconsideration before the litigant’s lawsuit is heard on the merits, the premature lawsuit cannot proceed — hence, the “incurable” part of the incurably premature doctrine, see TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989) (“We hold therefore that when a petition for…
discussed Cited as authority (rule) Craker v. Drug Enforcement Administration (2×) also: Cited "see"
1st Cir. · 2013 · confidence medium
TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989).
discussed Cited as authority (rule) Blue Ridge Environmental Defense League v. Nuclear Regulatory Commission
D.C. Cir. · 2012 · confidence medium
In other words, according to the NRC, once BREDL filed its petition to intervene in the agency’s for cause hearing, its prior petition for review was “incurably premature.” TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989) (per curiam).
discussed Cited as authority (rule) Bristol-Myers Squibb Company v. Doll
D.D.C. · 2012 · confidence medium
By the use of the "bright line test" of the general tolling rule, would-be plaintiffs are "discourage[d from] the filing of petitions for review until after the agency completes the reconsideration process." TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989).
cited Cited as authority (rule) Riffin v. Surface Transportation Board
D.C. Cir. · 2009 · confidence medium
Sec Clifton Power Corp., 294 F.3d at 112 ; TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989) (per curiam).
cited Cited as authority (rule) Riffin v. Surface Transportation Board
D.C. Cir. · 2009 · confidence medium
Sec Clifton Power Corp., 294 F.3d at 112 ; TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989) (per curiam).
discussed Cited as authority (rule) Gorman v. National Transportation Safety Board (2×) also: Cited "see, e.g."
D.C. Cir. · 2009 · confidence medium
Pursuant to the court’s July 11, 2008 order, the parties have briefed the issue whether Gorman’s petition here is “incurably premature.” Order, Gorman v. NTSB, No. 07-1532, at 1 (citing Collins v. NTSB, 351 F.3d 1246, 1250 (D.C.Cir.2003); TeleSTAR, Inc. v. FCC, 888 F.2d 132, 133-34 (D.C.Cir.1989)).
discussed Cited as authority (rule) Sathianathan v. Securities & Exchange Commission
D.C. Cir. · 2008 · confidence medium
The SEC contends that we have no jurisdiction over Sathianathan’s petition because it was “filed before the challenged action [wa]s final and thus ripe for review.” TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989).
discussed Cited as authority (rule) Sathianathan v. Securities & Exchange Commission
D.C. Cir. · 2008 · confidence medium
The SEC contends that we have no jurisdiction over Sathianathan’s petition because it was “filed before the challenged action [wa]s final and thus ripe for review.” TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989).
discussed Cited as authority (rule) District of Columbia Department of Employment Services v. Vilche
D.C. · 2007 · confidence medium
Ms. Vilche principally relies upon TeleS-TAR, Inc., v. Federal Communications Commission, 281 U.S.App.D.C. 119, 121 , 888 F.2d 132, 134 (1989), which held that “the filing of a challenge to agency action before the agency has issued its decision on reconsideration is incurably premature” and that “the challenging party must file a new notice of appeal or petition for review' from the now-final agency order.” In other words, “a prematurely-filed petition does not ripen....” Id.
discussed Cited as authority (rule) State v. Bradshaw
Utah Ct. App. · 2004 · confidence medium
Nor is there any requirement that the person and the enterprise be separate or distinct. 5 See Riverwoods Chappa-gua Corp. v. Marine Midland Bank, N.A., 30 F.3d 339, 345 (2d Cir.1994) (stating "there is no requirement under section 1962(a) (as opposed to section 1962(c)) that the 'person' be distinct from the 'enterprise' "); Banks v. Wolk, 918 F.2d 418, 421 (8d Cir.1990) (same); Official Publ'ns, Inc. v. Kable News Co., 884 F.2d 664 , 668 (7th Cir.1989) (same); Yellow Bus Lines v. Drivers, Chauffeurs & Helpers Local Union 689, 888 F.2d 132, 140 (D.C.Cir. 1989) (same).
discussed Cited as authority (rule) Lockheed Martin Corp. v. Boeing Co.
M.D. Fla. · 2004 · confidence medium
This distinctness rule “reflects Congress’ intention in § 1962(c) to target a specific variety of criminal activity, ‘the exploitation and appropriation of legitimate businesses by corrupt individuals.’ ” Id. (quoting Yellow Bus Lines, Inc. v. Drivers, Chauffeurs & Helpers Local Union, 639, 888 F.2d 132, 139 (D.C.Cir.1989), rev’d in part on other grounds, 913 F.2d 948 (D.C.Cir.1990) (en banc)).
discussed Cited as authority (rule) Collins v. National Transportation Safety Board
D.C. Cir. · 2003 · confidence medium
Attacking our jurisdiction, Nitkin correctly notes that our cases treat a petition for review filed during the pendency of a request for administrative reconsideration as “incurably premature,” see TeleSTAR, Inc. v. FCC, 888 F.2d 132, 133-34 (D.C.Cir.1989), and in effect a nullity.
discussed Cited as authority (rule) Paquette v. Department of Environmental Protection (2×) also: Cited "see"
Mass. App. Ct. · 2002 · confidence medium
We are reminded by the defendants that their reading of the statute is also in keeping with the “bright line test” enunciated prospectively by the Court of Appeals for the District of Columbia Circuit in TeleSTAR, Inc. v. Federal Communications Commn., 888 F.2d 132, 134 (D.C.
discussed Cited as authority (rule) Canady v. Erbe Elektromedizin GmbH
D.D.C. · 2002 · confidence medium
Communications Comm’n, 888 F.2d 132, 134 (D.C.Cir.1989) (stating that “it is a pointless waste of judicial energy for the court to process any petition for review before the agency has acted on the request” before it)).
discussed Cited as authority (rule) Small Business in Telecommunications v. Federal Communications Commission
D.C. Cir. · 2001 · confidence medium
Cf. Abbott Labs, v. Gardner, 387 U.S. 136, 148-49 , 87 S.Ct. 1507 , 18 L.Ed.2d 681 (1967) (ripeness); TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989) (same); Midwestern Gas Transmission Co. v. FERC, 589 F.2d 603 , 618 (D.C.Cir.1978) (same); see also Public Citizen v. NRC, 845 F.2d 1105, 1108-10 (D.C.Cir.1988) (final agency action).
cited Cited as authority (rule) Sm Bus Telecom v. FCC
D.C. Cir. · 2001 · confidence medium
Cf. Abbott Labs. v. Gardner, 387 U.S. 136, 148-49 (1967) (ripeness); Star, Inc. v. FCC, 888 F.2d 132, 134 (D.C.
discussed Cited as authority (rule) Melcher v. Federal Communications Commission
D.C. Cir. · 1998 · confidence medium
Id. at 134 (citation, omitted); see also Wade, 986 F.2d at 1434 (“The danger of wasted judicial effort that attends the simultaneous exercise of judicial and agency jurisdiction arises whether a party seeks agency reconsideration before, simultaneous with, or after filing an appeal or petition for judicial review.”) (citation omitted).
discussed Cited as authority (rule) Burlington Northern Railroad Company v. Surface Transportation Board and United States of America, West Texas Utilities Company, Intervenor
D.C. Cir. · 1997 · confidence medium
The cases on which Burlington relies for this proposition, however, concern our jurisdiction to hear prematurely filed appeals from agency decisions, see, e.g., TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989), not an agency’s jurisdiction to rule on prematurely filed complaints.
discussed Cited as authority (rule) Brotherhood Of Railway Carmen Division v. Pena
D.C. Cir. · 1995 · confidence medium
DISCUSSION A. No. 94-1156 6 As we have repeatedly held, a "petition for review filed while a request for agency reconsideration is pending is 'incurably premature.' " Tennessee Gas Pipeline Co. v. FERC, 9 F.3d 980, 980-81 (D.C.Cir.1993) (citing TeleSTAR, Inc. v. FCC, 888 F.2d 132, 133-34 (D.C.Cir.1989)).
discussed Cited as authority (rule) Brotherhood of Railway Carmen Division, Transportation Communications International Union v. Peña
D.C. Cir. · 1995 · confidence medium
Discussion A. No. 94-1156 As we have repeatedly held, a “petition for review filed while a request for agency reconsideration is pending is ‘incurably premature.’ ” Tennessee Gas Pipeline Co. v. FERC, 9 F.3d 980, 980-81 (D.C.Cir.1993) (citing TeleSTAR, Inc. v. FCC, 888 F.2d 132, 133-34 (D.C.Cir.1989)).
discussed Cited as authority (rule) Kcs Energy Marketing, Inc. v. Federal Energy Regulatory Commission
D.C. Cir. · 1994 · confidence medium
Because petitioner sought rehearing of the order which it seeks to have this court review, the order is nonfinal and the petition for review is "incurably premature." TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989) (per curiam).
discussed Cited as authority (rule) Michael Stephen Levinson v. Federal Communications Commission and United States of America
D.C. Cir. · 1992 · signal: cf. · confidence medium
Co. v. FCC, 773 F.2d 375 , 377-78 (D.C.Cir.1985) (time limits for judicial review of FCC action are jurisdictional; court lacks jurisdiction over petitions filed too early or too late); cf. TeleSTAR, Inc. v. FCC, 888 F.2d 132, 133-34 (D.C.Cir.1989) (per curiam) (petition for review of agency order subject of pending, non-mandatory petition for agency reconsideration is "incurably premature," and must be dismissed for lack of jurisdiction).
discussed Cited as authority (rule) Energy Transportation Group, Inc. v. Maritime Administration and United States of America, Argent Companies, Cabot Lng Shipping Corporation, Shell International Marine Limited, Shell Gas Nigeria, B v. Shell Bermuda (Overseas) Limited, Shell International Gas Limited (Shell Appellees), Intervenors. Cabot Lng Corporation v. Samuel K. Skinner, Energy Transportation Group, Inc., Shell International Marine Limited v. Maritime Administration of the United States, Energy Transportation Group, Inc., Energy Transportation Group, Inc. v. Samuel K. Skinner
D.C. Cir. · 1992 · confidence medium
As the Secretary had acted before the petition was filed, the defect was probably non-jurisdictional, compare TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989) (challenge filed during pendency of challenger's petition for reconsideration is "incurably premature"), but it has led ETG to focus its briefs more on the Maritime Subsidy Board's decision than on the Secretary's. 12 As to ETG's APA suit, we note a potential jurisdictional defect in addition to the problem of standing.
discussed Cited as authority (rule) Energy Transportation Group, Inc. v. Maritime Administration
D.C. Cir. · 1992 · confidence medium
As the Secretary had acted before the petition was filed, the defect was probably non-jurisdictional, compare TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989) (challenge filed during pendency of challenger’s petition for reconsideration is “incurably premature"), but it has led ETG to focus its briefs more on the Maritime Subsidy Board’s decision than on the Secretary’s.
examined Cited as authority (rule) Town of Killingly v. Connecticut Siting Council (3×) also: Cited "see, e.g."
Conn. · 1991 · confidence medium
In TeleSTAR, Inc. v. Federal Communications Commission, 888 F.2d 132, 133 (D.C.
discussed Cited as authority (rule) B.J. Alan Company, Inc., Olde Glory Marketing, Limited, Neptune Fireworks Company, Inc. v. Interstate Commerce Commission, United States of America
6th Cir. · 1990 · confidence medium
TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989) (per curiam). 4 Upon review and consideration, we conclude that the ICC's June 18 order is not final with regard to the petitioners and that the August 17 petition for review is premature.
discussed Cited as authority (rule) Town of Killingly v. Conn. Siting Council, No. 362806 (Oct. 26, 1990)
Conn. Super. Ct. · 1990 · confidence medium
In the context of appeals from administrative agencies, the federal courts have held that "the filing of a challenge to agency action before the agency has issued its decision on reconsideration is incurably premature [because] it is a pointless waste of judicial energy for the court to process any petition for review before the agency has acted on the request for reconsideration." Telestar, Inc. v. F.C.C., 888 F.2d 132 at 134 (D.C.
discussed Cited as authority (rule) American Mining Congress v. United States Environmental Protection Agency (2×) also: Cited "see, e.g."
D.C. Cir. · 1990 · confidence medium
Although the American Mining Congress filed its petition for review with this court before petitioning for administrative reexamination, if that administrative petition was also a petition for reconsideration, then our cases raise the question whether that subsequent administrative petition renders the petition in this court “incurably premature.” See TeleSTAR v. FCC, 888 F.2d 132, 133 (D.C.Cir.1989) (petition for review made unripe under UTU by pendency of request for agency reconsideration does not ripen so as to vest court with jurisdiction once agency issues final decision on reconside…
discussed Cited as authority (rule) American Mining Congress v. United States Environmental Protection Agency, the Aluminum Association v. United States Environmental Protection Agency, Horsehead Resource Development Company, Inc., and Zinc Corporation of America v. United States Environmental Protection Agency, the Ferroalloys Association v. United States Environmental Protection Agency, Phelps Dodge Corporation v. United States Environmental Protection Agency, Asarco Incorporated v. United States Environmental Protection Agency (2×) also: Cited "see, e.g."
D.C. Cir. · 1990 · confidence medium
Although the American Mining Congress filed its petition for review with this court before petitioning for administrative reexamination, if that administrative petition was also a petition for reconsideration, then our cases raise the question whether that subsequent administrative petition renders the petition in this court "incurably premature." See TeleSTAR v. FCC, 888 F.2d 132, 133 (D.C.Cir.1989) (petition for review made unripe under UTU by pendency of request for agency reconsideration does not ripen so as to vest court with jurisdiction once agency issues final decision on reconsiderati…
discussed Cited "see" T Mobile Northeast LLC v. City of Wilmington
3rd Cir. · 2019 · signal: see · confidence high
See TeleSTAR, Inc. v. FCC , 888 F.2d 132 , 134 (D.C.
cited Cited "see" United Airlines, Inc. v. Transportation Security Administration
D.C. Cir. · 2017 · signal: see · confidence high
See TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.
cited Cited "see" IN RE: FCC 11-161
10th Cir. · 2014 · signal: see · confidence high
See TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.
discussed Cited "see" Direct Communications Cedar Valley, LLC v. Federal Communications Commission
10th Cir. · 2014 · signal: see · confidence high
See TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989) (per curiam) ("We hold ... that when a petition for review is filed before the challenged action is final and thus ripe for review, subsequent action by the agency on a motion for reconsideration does not ripen the petition for review or secure appellate jurisdiction.”); see also Council Tree Commc’ns, Inc. v. FCC, 503 F.3d 284, 287 (3d Cir.2007) (stating that because a petition for reconsideration remained pending when the petition for review was filed, as well as the time of the court's eventual decision, the petition for review…
discussed Cited "see" Bristol-Myers Squibb Company v. Doll
D.D.C. · 2012 · signal: see · confidence high
See TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989) (stating that it is “pointless waste of judicial energy for the court to process any petition for review before the agency ... act[s] on the request for reconsideration”).
cited Cited "see" Council Tree Comm v. FCC
3rd Cir. · 2007 · signal: see · confidence high
See TeleSTAR, Inc. v. FCC, 888 F.2d 132, 133 (D.C.
discussed Cited "see" Council Tree Communications, Inc. v. Federal Communications Commission
3rd Cir. · 2007 · signal: see · confidence high
See TeleSTAR, Inc. v. FCC, 888 F.2d 132, 133 (D.C.Cir.1989) (per curiam) (court lacks'jurisdiction to consider prematurely filed petition even after the agency rules on a rehearing request; a new petition must be filed).
cited Cited "see" Commander Aircraft Co. v. Federal Aviation Administration
D.C. Cir. · 2001 · signal: see · confidence high
See TeleSTAR, Inc. v. FCC, 888 F.2d 132, 133 (D.C.Cir.1989) (per curiam).
discussed Cited "see" City of New Orleans v. United States Securities & Exchange Commission
D.C. Cir. · 1998 · signal: see · confidence high
See TeleSTAR, Inc. v. FCC, 888 F.2d 132, 134 (D.C.Cir.1989) (“[T]he filing of a challenge to agency action before the agency has issued its decision on reconsideration is incurably premature.”) (emphasis added).
discussed Cited "see" Tennessee Gas Pipeline Company v. Federal Energy Regulatory Commission
D.C. Cir. · 1993 · signal: see · confidence high
See Wade v. FCC, 986 F.2d 1433 (D.C.Cir.1993) (per curiam) (citing cases). 1 Moreover, the court has characterized a petition for review filed while a re *981 quest for agency reconsideration is pending as “incurably premature.” See TeleSTAR, Inc. v. FCC, 888 F.2d 132, 133-34 (D.C.Cir.1989) (per curiam) (holding that a premature petition for review must be dismissed for lack of jurisdiction); United Transportation Union v. ICC, 871 F.2d 1114 , 1116-18 (D.C.Cir.1989) (same).
cited Cited "see" ICG Concerned Workers Ass'n v. United States
D.C. Cir. · 1989 · signal: see · confidence high
See TeleSTAR, 888 F.2d at 134 .
Retrieving the full opinion text from the archive…
TeleSTAR, INC., Petitioner,
v.
FEDERAL COMMUNICATIONS COMMISSION and the United States of America, Respondents, MCI Telecommunications Corporation, Intervenor
88-1153, 88-1419.
Court of Appeals for the D.C. Circuit.
Oct 6, 1989.
888 F.2d 132
Donald F. Beach, for petitioner., John E. Ingle, Deputy Associate Gen. Counsel, F.C.C., with whom Sue Ann Pres-kill, Atty., were for respondent., William J. Byrnes, with whom John Wells King and James E. Dunstan, Washington, D.C., appeared on the motion to dismiss filed by intervenor., Also entering an appearance for respondent was John J. Powers, III, Atty., U.S. Dept, of Justice, Washington, D.C.
Mikva, Edwards, Williams.
Cited by 59 opinions  |  Published

Opinion for the Court filed PER CURIAM.

[*133] ON MOTION TO DISMISS PETITION FOR REVIEW NO. 88-1419

PER CURIAM:

The question before us is whether a petition for review, unripe because of the pendency of a request for agency reconsideration, ripens so as to vest this court with jurisdiction once the agency issues its final decision on reconsideration. We hold that this court does not have jurisdiction to consider the prematurely-filed petition for review, even after the agency rules on the rehearing request. In order to obtain review of a now-final agency order, a new petition for review must be filed.

This action involves an application filed by TeleSTAR, Inc., and its principal shareholders, Doyal Evan Stewart and Walter Noel Stewart, for revocation of a license issued to MCI Telecommunications Corporation (“MCI”) by the Federal Communications Commission (“FCC” or “Commission”). TeleSTAR’s application alleged unlawful premature construction, unauthorized operation and failure to coordinate frequency usage.

In two orders dated January 25,1988 and February 18, 1988, the FCC denied TeleS-TAR’s application. The FCC did find, however, that MCI had violated section 319(a) of the Communications Act (“the Act”), 47 U.S.C. § 319(a) (1982), by commencing station construction prior to the receipt of Commission authorization. The Commission determined that the violations were willful and repeated as defined in 47 U.S.C. § 503(b)(1) (1982), and that two were actionable under that section. Based on these findings, the FCC issued to MCI a Notice of Apparent Liability for forfeiture in the amount of $10,000.

The instant petition for review, No. 88-1419, filed on June 13, 1988, challenges the Commission’s June 2, 1988 ruling denying TeleSTAR’s “Petition for Revocation of MCI’s FCC Authority Revisited — New FCC Violations by MCI during 1988.” On June 2, 1988, TeleSTAR also filed “Comments on Reconsideration” with the FCC. The Commission treated these comments as a petition for reconsideration, and the agency denied TeleSTAR’s reconsideration request in an order dated November 21, 1988. Because the petition for review was filed five months before the agency ruled on TeleS-TAR’s petition for reconsideration, MCI moved to dismiss the petition for review as premature. Although a petition for review from the November 21, 1988 reconsideration order was filed, it has been dismissed as untimely pursuant to separate order of the court. See TeleSTAR, Inc. v. FCC, No. 89-1156.

This court recently held that “a pending petition for administrative reconsideration renders the underlying agency action nonfi-nal, and hence unreviewable, with respect to the petitioning party.” United Transportation Union v. ICC, 871 F.2d 1114 (D.C.Cir.1989) (“UTU”). Therefore, a party can no longer simultaneously move for reconsideration before the agency and petition this court for review. See ICC v. Brotherhood of Locomotive Engineers, 482 U.S. 270, 284, 107 S.Ct. 2360, 2368-69, 96 L.Ed.2d 222 (1987) (a timely petition for administrative reconsideration stays the running of the Hobbs Act’s limitations period until the petition has been acted on by the agency).

Based on UTU, TeleSTAR’s June 13, 1988 petition for review was premature when filed. If TeleSTAR’s motion for reconsideration were still pending before the agency, the petition for review clearly would have to be dismissed. Although the agency has since acted on the motion for reconsideration and there are presently no related matters pending before the FCC, the question still remains as to whether this court now has jurisdiction over the prematurely-filed petition for review.

This court has in the past dismissed challenges to non-final agency action, even after final agency action has been taken. See Public Citizen v. NRC, 845 F.2d 1105 (D.C.Cir.1988) (petition for review filed before the occurrence of the act to be reviewed is incurably premature under the Waste Act and Hobbs Act); Western Union Telegraph Co. v. FCC, 773 F.2d 375 (D.C.Cir.1985) (petition for review filed after agency action issued but before agency order entered was dismissed as premature).[*134] Compare Sacks v. Rothberg, 845 F.2d 1098, 1099 (D.C.Cir.1988) (per curiam) (“appeal taken prematurely effectively ripens and secures appellate jurisdiction when the district court’s judgment becomes final pri- or to disposition of the appeal”).

While final agency action can ripen an issue for appellate review, Western Union Telegraph Co. v. FCC, 773 F.2d 375 (D.C.Cir.1985), the filing of a challenge to agency action before the agency has issued its decision on reconsideration is incurably premature. We hold therefore that when a petition for review is filed before the challenged action is final and thus ripe for review, subsequent action by the agency on a motion for reconsideration does not ripen the petition for review or secure appellate jurisdiction. To cure the defect, the challenging party must file a new notice of appeal or petition for review from the now-final agency order. [1] We develop this bright line test to discourage the filing of petitions for review until after the agency completes the reconsideration process. If a party determines to seek reconsideration of an agency ruling, it is a pointless waste of judicial energy for the court to process any petition for review before the agency has acted on the request for reconsideration.

Our action today only applies to situations where a party must choose between rehearing before the agency or immediate court review. Where agency rehearing is mandated by statute, those statutes necessarily dictate when a litigant may petition for court review. Even then however, a statutory scheme may permit court review before the agency has issued its order on rehearing. See, e.g., 15 U.S.C. § 717r (1982) (under section 19(a) of the National Gas Act, unless the Federal Energy Regulatory Commission acts upon an application for rehearing within thirty days after it is filed, such application may be deemed to be denied for purposes of judicial review).

In UTU, we ruled that this court does not have jurisdiction to review an agency order while a petition for agency reconsideration is pending. We did not have occasion to consider whether final agency action on the reconsideration request can ripen a prematurely-filed petition for review and vest this court with jurisdiction. While we hold today that a prematurely-filed petition does not ripen, we will give this rule prospective effect. Accordingly, we deny the motion to dismiss in this case and permit consideration of the originally-premature petition for review.

1

. A different case may be presented if a petitioner first seeks court review of a final agency action and then subsequently requests reconsideration before the agency. We have no occasion today to decide whether the court would retain jurisdiction in such a case.