Updated: February 2, 2015 LIST OF PENDING APPELLATE CASES Name: Ion Media Chicago License, Inc. v. FCC Case No: 01-1457 Court: District of Columbia Circuit FCC Order Description: In re: Paxson Chicago License, Inc. v. 21st Century TV Cable, Inc., et al., DA 01-149, 16 FCC Rcd 2185 and Paxson Chicago License, Inc. v. 21st Century TV Cable, Inc., et al., 16 FCC Rcd 15571 (2001). Not docketed. FCC Order No. 01-226 Case Description: Paxson challenges the FCC’s denial of its “must carry” complaints against thirteen Chicago cable operators on the basis of a finding that no current FCC rules require mandatory carriage of both a broadcaster’s digital and analog signal among other things. Status: Held in abeyance. Name: James A. Kay, Jr., et al. v. FCC Case No: 06-1076 Court: District of Columbia Circuit FCC Order Description: In re: improving public safety communications in the 800 MHz band, 22 FCC Rcd 10467 (2007) and previous underlying orders, FCC Docket No. WT 02-55, et al. FCC Order No. 05-174, et al. Case Description: Petitioners challenge the FCC’s decisions restructuring the 800 MHz band to reduce radiofrequency interference to public safety systems. Among other things, they claim that the decisions unfairly discriminate between similarly situated parties. Status: Court order dated October 21, 2014 dismissed case numbers 07-1332 & 07-1367 (Charles Guskey) (Mandate issued December 16, 2014. Mobile Relay’s motion for voluntary dismissal of case numbers 06-1082 and 07-1218 granted December 17, 2014 (Mandate). Initial brief due March 9, 2015. Final brief due May 5, 2014. Name: Sprint Nextel Corporation v. FCC Case No: 06-1278 Court: District of Columbia Circuit FCC Order Description: In re: review of the spectrum sharing plan among non-geostationary satellite orbit mobile satellite service systems in the 1.6/2.4 GHz bands, 19 FCC Rcd 13356 (2004), et al., FCC Docket No. WT 03-66, et al. FCC Order No. 04-134 and 06-46. Case Description: Petitioner seeks review of the FCC’s orders in which the FCC adopted a plan for spectrum sharing among operators in the 2495-2690 MHz bands. Status: Held in abeyance. Name: National Association of Broadcasters v. FCC & USA Case No: 12-1225 Court: D.C. Circuit FCC Order Description: Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations; Extension of the Filing Requirement for Children’s Television Programming Report (FCC Form 398), FCC 12-44; MM Docket Nos. 00-44 and 00-168. Case Description: Petitioner challenges a Commission report and order that adopted FCC rules requiring that television stations post public files on FCC hosted website. Status: Held in abeyance. 2 Name: Global Crossing Bandwidth, Inc. v. FCC & USA Case No: 12-1482 Court: D.C. Circuit FCC Order Description: In the Matter of Universal Service Contribution Methodology Case Description: Global Crossing challenges Universal Service Contribution Methodology, FCC 12-134, WC Docket No. 06-122 (rel. Nov. 5, 2012). In that Order, the FCC affirmed certain aspects of its universal service contribution methodology – specifically, the contribution obligations of a wholesale carrier. The FCC also provided guidance on the type and quality of evidence that the Universal Service Administrative Company (“USAC”) should use in evaluating a wholesale carrier’s claim that it should not be held responsible for making universal service contributions based on revenues from providing service to reseller customers. Status: Petition for Review filed December 19, 2012. Initial brief filed January 9, 2015. Final brief due February 27, 2015. Oral argument scheduled for April 6, 2015. Name: Illinois Public Telecommunications Association, et al. v. FCC & USA Case No: 13-1059 Court: D.C. Circuit FCC Order Description: In re: Implementation of the Pay Telephone Reclassification and Compensation Provisions of the Telecommunications Act of 1996, FCC 13-24, CC Docket No. 96-128 (rel: Feb. 27, 2013) Case Description: This case challenges the Commission’s decision not to preempt the decisions of several state regulatory agencies that declined to order refunds of charges collected by LECs from payphone service providers. Status: Petition for Review filed March 8, 2013. Initial brief filed November 5, 2013. Final brief filed January 28, 2014. Oral argument held April 4, 2014. Petitions for Review denied in part and remainder of the petitions were dismissed for lack of jurisdiction by Opinion June 13, 2014. Petition for Rehearing denied August 12, 2014. Petitioner’s motion to stay mandate denied September 5, 2014. Mandate issued September 8, 2014. Petition for certiorari filed November 10, 2014. Gov’t response due February 13, 2015. 3 Name: Verizon and AT&T, Inc. v. FCC & USA Case No: 13-1220 Court: D.C. Circuit FCC Order Description: In the Matter of: Petition of USTelecom for Forbearance Under 47 U.S.C. 160(c) from Enforcement of Certain Legacy Telecommunications Regulation, FCC 13-69; WC Docket No. 12-61. Case Description: Verizon and AT&T seek review of the FCC’s order denying in part a petition filed by US Telecomm asking for forbearance from a number of rules, including the Part 32 Uniform System of Accounts for price cap carriers. Status: Petition for Review filed July 15, 2013. Initial brief filed February 19, 2014. Final brief filed April 2, 2014. Oral argument held September 5, 2014. Petition for Review denied by Opinion October 31, 2014. Mandate issued December 31, 2014. Name: Sky Television, LLC. v. FCC & USA Case No: 13-1270 Court: D.C. Circuit FCC Order Description: In the Matter of: Assessment and Collection of Regulatory Fees for Fiscal Year 2013; Procedures for Assessment and Collection of Regulatory Fees; and Assessment and Collection of Regulatory Fees for Fiscal Year 2008, FCC 13-110; MD Docket Nos. 08-65, 12-201 and 13-140. Case Description: Sky Television challenges the Commission’s decision to postpone, until fiscal year 2014, the effective date of its combination of regulatory fees for same-market VHF and UHF digital television stations into a single category, as set forth in Assessment and Collection of Regulatory Fees for Fiscal Year 2013, Procedures for Assessment and Collection of Regulatory Fees, Assessment and Collection of Regulatory Fees for Fiscal Year 2008, 28 FCC Rcd 12351 (2013). Status: Petition for Review filed October 22, 2013. Record filed December 9, 2013. Initial brief filed March 31, 2014. Final brief filed May 5, 2014. Court order August 27, 2014 granted petitioner’s motion to decide case without oral argument. Petition denied by unpublished opinion December 12, 2014. 4 Name: Securus Technologies, Inc., et al. v. FCC & USA Case No: 13-1280 Court: D.C. Circuit FCC Order Description: In the Matter of: Rates for Interstate Inmate Calling Services, FCC 13-113 (rel: September 26, 2013), WC Docket No. 12-375 Case Description: In the order on review, the Commission required that end user rates for payphone calls placed from incarceration facilities, known as Inmate Calling Services, be based on the costs of providing service. As an interim measure to bring rates closer to costs pending receipt of additional information on which to base a permanent regime, the agency established a two-tiered rate cap pricing system that includes a “safe harbor” rate and a higher hard cap that no carrier may exceed without a waiver. Status: Petition for Review filed November 14, 2013. Court order January 13, 2014 granted in part & denied in part petitioners’ motions for judicial stay. Initial brief filed July 21, 2014. FCC motion to hold case in abeyance granted December 16, 2014. Parties to file status reports beginning February 17, 2015. Name: Mary V. Harris Foundation v. FCC Case No: 13-1304 Court: D.C. Circuit FCC Order Description: In the Matter of: Holy Family Communications, Inc. – For a New Noncommercial FM Station at Lancaster, New York, FCC 13-41 (rel: April 2, 2013) Case Description: An appeal involving the grant of a construction permit for a new noncommercial educational FM broadcast station in western NY. Appellant primarily argues that the Media Bureau was unreasonable in not granting the Foundation a dispositive “fair distribution preference” where the station would be close to, but under, the threshold set out in the rules for that preference. Status: Appeal filed December 13, 2013. Record filed January 30, 2014. Initial brief filed April 30, 2014. Final brief filed June 19, 2014. Oral argument held October 27, 2014. FCC order affirmed by Opinion January 20, 2015. 5 Name: David Alan Schum, et al. v. FCC & USA Case No: 14-1026 Court: D.C. Circuit FCC Order Description: In re Applications of DFW Radio License, LLC and Bernard Dallas, LLC and Principle Broadcasting Network Dallas, LLC for Assignment of the Authorizations of Stations KFCD(AM), Farmersville, Texas and KHSE(AM), Wylie, Texas, FCC 14-3 (rel: January 22, 2014) Case Description: Schum contends that the Commission acted unlawfully in dismissing and otherwise denying his applications for review of the Media Bureau’s consent to the assignment of two radio station licenses from DFW Radio to Bernard Dallas, and then from Bernard Dallas to Principle Broadcasting. Schum asks the Court to vacate or reverse the Commission’s Order and to return the licenses to DFW Radio, or alternatively, require the FCC to investigate and conduct a hearing on the assignees’ qualifications to be a Commission licensee. Status: Petition for Review filed February 21, 2014. Case No. 14-1027 consolidated with this case. Record filed July 21, 2014. Initial brief filed November 13, 2014. Final brief filed December 16, 2014. Name: FiberTower Spectrum Holdings, LLC v. FCC Case No: 14-1039 Court: D.C. Circuit FCC Order Description: In the Matter of FiberTower Spectrum Holdings LLC – Requests for Waiver, Extension of Time, or in the alternative, Limited Waiver of Substantial Service Requirements, etc., FCC 14-18 (rel: February 27, 2014) Case Description: FiberTower, which holds several wireless licenses, challenges a Commission order affirming a Wireless Telecommunications Bureau (WTB) decision holding that FiberTower failed to demonstrate compliance with the “substantial service requirements” in the Commission’s rules, as well as WTB’s denial of an extension of time to demonstrate substantial service. Status: Notice of Appeal filed March 28, 2014. Record filed May 19, 2014. Initial brief filed October 14, 2014. Final brief filed December 1, 2014. Oral argument held January 20, 2015. 6 Name: Signal Above, L.L.C. v. FCC & USA Case No: 14-1069 Court: D.C. Circuit FCC Order Description: In the Matter of Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital Low Power Television, Television Translator, and Television Booster Stations and to Amend Rules for Digital Class A Television Stations, FCC 13-126, MM Dkt. No. 03-185 (rel: Sept. 27, 2013) Case Description: Signal Above seeks review of the FCC’s denial of its petition requesting reconsideration of the agency’s earlier decision not to extend the Sept. 1, 2015 digital transition deadline for low power television stations. Status: Petition for Review filed May 5, 2014. Held in Abeyance. Name: Howard Stirk Holdings, LLC, et al. v. FCC & USA Case No: 14-1090 Court: D.C. Circuit FCC Order Description: In the Matter of: 2010 and 2014 Quadrennial Regulatory Review – Review of the Commission’s Broadcast Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of 1996; Promoting Diversification of Ownership in the Broadcast Services; and Rules and Policies Concerning Attribution of Joint Sales Agreements in Local Television Markets, FCC 14-28 (rel: April 15, 2104) Case Description: Petitioners challenge the FCC’s new rule under which certain joint sales agreements between TV stations in the same market create an attributable interest for purposes of assessing compliance with the Commission’s media ownership limits. Petitioners also challenge the agency’s decision to defer resolution of certain issues concerning its media ownership rules until it updates the record in the Quadrennial Review proceeding. Status: Petition for Review filed May 30, 2014. Case Nos. 14-1091, 14-1092 and 14-1113 consolidated with this case. Motion to Transfer (to 3rd Cir.), pending. Prometheus motion to deconsolidate case number 14-1113 and transfer to 3rd Circuit filed September 19, 2014. 7 Name: Bob Law, et al. v. FCC Case No: 14-1130 Court: D.C. Circuit FCC Order Description: In the Matter of Urban Radio I, LLC, Debtor-in-Possession and YMF Media, New York Licensee LLC for Consent to Assign Licenses (WBLS(FM) & WLIB(AM), New York, NY, FCC 14-83 (rel: June 10, 2014) Case Description: Appeal from FCC order that dismissed in part and denied in part an application for review of the grant of assignments of licenses of radio stations WBLS(FM) and WLIB(AM) in New York, NY from Urban Radio, I, LLC (Debtor in Possession) to YMF Media. Status: Notice of Appeal filed July 7, 2014. Record filed August 7, 2014. Initial brief due March 4, 2015. Final brief due April 13, 2015. Name: ADX Communications of Pensacola, et al. v. FCC Case No: 14-1131 Court: D.C. Circuit FCC Order Description: In the Matter of 6 Johnson Road Licenses, Assignor and Cumulus Licensing LLC, Assignee – Applications for Assignment of Stations WMEZ(FM), Pensacola, Florida and WXBM(FM), Milton, Florida, etc., FCC 14-82 (rel: June 10, 2014) Case Description: ADX Communications appeals the Commission’s grant of applications for the assignment of several radio licenses in the Mobile Alabama and Pensacola Florida Arbitron Metro areas to Cumulus Licensing LLC. Status: Notice of Appeal filed July 9, 2014. Record filed August 25, 2014. Initial brief due February 3, 2015. Final brief due March 24, 2015. 8 Name: National Association of Broadcasters, et al. v. FCC & USA Case No: 14-1154 Court: D.C. Circuit FCC Order Description: In the Matter of: Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, FCC 14-50 (rel: June 2, 2014) Case Description: Petitions for review of the June 2014 Report and Order adopting rules to implement the broadcast television spectrum incentive auction. Status: Petition for Review filed August 18, 2014. Record filed September 12, 2014. Case numbers 14-1179 and 14-1218 consolidated with this case. Initial brief filed December 16, 2014. Final brief filed January 27, 2015. Oral argument scheduled for March 12, 2015. Name: Sinclair Broadcast Group, Inc. v. FCC & USA Case No: 14-1179 Court: D.C. Circuit FCC Order Description: In the Matter of: Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, FCC 14-50 (rel: June 2, 2014) Case Description: Petitions for review of the June 2014 Report and Order adopting rules to implement the broadcast television spectrum incentive auction. Status: Petition for Review filed September 15, 2014. Consolidated with case number 14-1154. 9 Name: National Association of Broadcasters v. FCC & USA Case No: 14-1218 Court: D.C. Circuit FCC Order Description: In the Matter of: Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, FCC 14-143 (rel: Sept. 30, 2014) Case Description: Petition for review of a Declaratory Ruling clarifying portions of the June 2, 2014 Incentive Auction Order. Status: Petition for Review filed October 29, 2014. Consolidated with case number 14-1154. Name: Beach TV Properties, Inc. f/k/a The Atlanta Channel, Inc. v. FCC Case No: 14-1229 Court: D.C. Circuit FCC Order Description: In the Matter of The Atlanta Channel, Inc. – Statement of Eligibility for Class A Television Status for Low Power Television Station WTHC-LP, Atlanta, Georgia, DA 14-1460 (rel: Oct. 7, 2014) Case Description: Appeal arising from the Media Bureau’s dismissal, in 2000, of the request of The Atlanta Channel, Inc. (now known as Beach TV Properties, Inc.) for Class A designation of Atlanta-area LPTV station WTHC- LP. Status: Notice of Appeal filed November 4, 2014. Record filed December 22, 2014. Case number 14-1230 consolidated with this case. FCC brief due March 19, 2015. 10 Name: Beach TV Properties, Inc. f/k/a The Atlanta Channel, Inc. v. FCC Case No: 14-1230 Court: D.C. Circuit FCC Order Description: In the Matter of The Atlanta Channel, Inc. – Statement of Eligibility for Class A Television Status for Low Power Television Station WTHC-LP, Atlanta, Georgia, DA 14-1460 (rel: Oct. 7, 2014) Case Description: Petition arising from the Media Bureau’s dismissal, in 2000, of the request of The Atlanta Channel, Inc. (now known as Beach TV Properties, Inc.) for Class A designation of Atlanta-area LPTV station WTHC- LP. Status: Petition for Review filed November 4, 2014. Consolidated with case number 14-1229. Name: Bais Yaakov of Spring Valley, et al. v. FCC & USA Case No: 14-1234 Court: D.C. Circuit FCC Order Description: In the Matter of Rules & Regulations Implementing the TCP Act of 1991; Junk Fax Prevention Act of 2005 – Application for Review filed by Anda, Inc. . . . , FCC 14-164 (rel: Oct. 30, 2014) Case Description: In this group of twelve consolidated cases, petitioners challenge Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 et al., CG Docket Nos. 02-278 & 05-338, Order (October 30, 2014). That Order (1) clarified the Commission’s previous reading of two federal statutes as requiring senders of fax ads to include opt out information, even to parties who have agreed to receive such ads, and (2) retroactively waived prior violations of the Commission’s rule. One group of petitioners argue that the Commission does not have authority to promulgate the rule, while another argues that the Commission’s retroactive waiver for past violations is invalid. Status: Petition for Review filed November 10, 2014. Case numbers 14-1235, 14-1239, 14-1243, 14-1270, 14-1279, 14-1292, 14-1293, 14-1294, 14-1295, 14-1297, 14-1299 and 14-1302 consolidated with this case. 11 Name: Sandusky Wellness Center, LLC v. FCC & USA Case No: 14-1235 Court: D.C. Circuit FCC Order Description: In the Matter of Rules & Regulations Implementing the TCP Act of 1991; Junk Fax Prevention Act of 2005 – Application for Review filed by Anda, Inc. . . . , FCC 14-164 (rel: Oct. 30, 2014) Case Description: Status: Petition for Review filed November 10, 2014. Consolidated with case number 14-1234. Name: In re: PMCM TV, LLC Case No: 14-1238 Court: D.C. Circuit FCC Order Description: Letter dated November 7, 2014 from Video Division, Media Bureau to PMCM Case Description: Suspension of program test authority. Status: Emergency Petition for Issuance of Writ of Mandamus filed November 10, 2014. FCC opposition filed November 18, 2014. Oral argument scheduled for February 3, 2015. 12 Name: Richie Enterprises, LLC v. FCC & USA Case No: 14-1239 Court: D.C. Circuit FCC Order Description: In the Matter of Rules & Regulations Implementing the TCP Act of 1991; Junk Fax Prevention Act of 2005 – Application for Review filed by Anda, Inc. . . . , FCC 14-164 (rel: Oct. 30, 2014) Case Description: Status: Petition for Review filed November 10, 2014. Consolidated with case number 14-1234. Name: CBS Corporation, et al. v. FCC & USA Case No: 14-1242 Court: D.C. Circuit FCC Order Description: In the Matter of Comcast Corp. & Time Warner Cable, Inc. and AT&T, Inc. & DIRECTV – For Consent To Assign or Transfer Control of Licenses and Authorizations, DA 14-1601, 14-1602, 14-1604 & 14-1605 (rel: Nov. 4, 2014) Case Description: This case involves a dispute over access to confidential documents filed with the Commission in connection with two pending mergers: Comcast-Time Warner-Charter and AT&T-DirecTV. A group of programmers and broadcasters sought an emergency stay of the Commission’s order to release certain confidential information under two protective orders. Petitioners contend that in ordering the confidential information released pursuant to the protective orders, the Commission will violate the Trade Secrets Act and will cause the petitioners irreparable harm. Status: Petition for Review and Emergency Motion for Stay filed November 13, 2014. FCC Opposition filed November 17, 2014. Motion for Stay granted by court order November 21, 2014. FCC brief filed January 2, 2015. Oral argument scheduled for February 20, 2015. 13 Name: Douglas P. Walburg v. FCC & USA Case No: 14-1243 Court: D.C. Circuit FCC Order Description: In the Matter of Rules & Regulations Implementing the TCP Act of 1991; Junk Fax Prevention Act of 2005 – Application for Review filed by Anda, Inc. . . . , FCC 14-164 (rel: Oct. 30, 2014) Case Description: Status: Petition for Review filed November 4, 2014. Formerly case number 14-3497 (8th Cir.). Case transferred to D.C. Circuit and consolidated with case number 14-1234. Name: William Johnson v. FCC Case No: 14-1250 Court: D.C. Circuit FCC Order Description: Letter dated Sept. 15, 2014 from Audio Division, Media Bureau – In re: W227AV, Newbury, Florida – Reach Communications, Inc. (Assignor), Suncoast Radio, Inc. (Assignee) Case Description: Dismissal of an Application for Review of the Media Bureau’s dismissal of a Petition for Review. Status: Petition for Review filed November 17, 2014. 14 Name: Anda, Inc. v. FCC & USA Case No: 14-1270 Court: D.C. Circuit FCC Order Description: In the Matter of Rules & Regulations Implementing the TCP Act of 1991; Junk Fax Prevention Act of 2005 – Application for Review filed by Anda, Inc. . . . , FCC 14-164 (rel: Oct. 30, 2014) Case Description: Status: Petition for Review filed December 9, 2014. Consolidated with case number 14-1234. Name: TechHealth, Inc. v. FCC & USA Case No: 14-1279 Court: D.C. Circuit FCC Order Description: In the Matter of Rules & Regulations Implementing the TCP Act of 1991; Junk Fax Prevention Act of 2005 – Application for Review filed by Anda, Inc. . . . , FCC 14-164 (rel: Oct. 30, 2014) Case Description: Status: Petition for Review filed December 15, 2014. Consolidated with case number 14-1234. 15 Name: Unique Vacations, Inc. v. FCC & USA Case No: 14-1292 Court: D.C. Circuit FCC Order Description: In the Matter of Rules & Regulations Implementing the TCP Act of 1991; Junk Fax Prevention Act of 2005 – Application for Review filed by Anda, Inc. . . . , FCC 14-164 (rel: Oct. 30, 2014) Case Description: Status: Petition for Review filed December 19, 2014. Consolidated with case number 14-1234. Name: Gilead Sciences, Inc., et al. v. FCC & USA Case No: 14-1293 Court: D.C. Circuit FCC Order Description: In the Matter of Rules & Regulations Implementing the TCP Act of 1991; Junk Fax Prevention Act of 2005 – Application for Review filed by Anda, Inc. . . . , FCC 14-164 (rel: Oct. 30, 2014) Case Description: Status: Petition for Review filed December 19, 2014. Consolidated with case number 14-1234. 16 Name: Masimo Corporation v. FCC & USA Case No: 14-1294 Court: D.C. Circuit FCC Order Description: In the Matter of Rules & Regulations Implementing the TCP Act of 1991; Junk Fax Prevention Act of 2005 – Application for Review filed by Anda, Inc. . . . , FCC 14-164 (rel: Oct. 30, 2014) Case Description: Status: Petition for Review filed December 19, 2014. Consolidated with case number 14-1234. Name: Forest Pharmaceuticals, Inc. v. FCC & USA Case No: 14-1295 Court: D.C. Circuit FCC Order Description: In the Matter of Rules & Regulations Implementing the TCP Act of 1991; Junk Fax Prevention Act of 2005 – Application for Review filed by Anda, Inc. . . . , FCC 14-164 (rel: Oct. 30, 2014) Case Description: Status: Petition for Review filed December 19, 2014. Consolidated with case number 14-1234. 17 Name: Merck & Company, Inc. v. FCC & USA Case No: 14-1297 Court: D.C. Circuit FCC Order Description: In the Matter of Rules & Regulations Implementing the TCP Act of 1991; Junk Fax Prevention Act of 2005 – Application for Review filed by Anda, Inc. . . . , FCC 14-164 (rel: Oct. 30, 2014) Case Description: Status: Petition for Review filed December 19, 2014. Consolidated with case number 14-1234. Name: Purdue Pharma LP, et al. v. FCC & USA Case No: 14-1299 Court: D.C. Circuit FCC Order Description: In the Matter of Rules & Regulations Implementing the TCP Act of 1991; Junk Fax Prevention Act of 2005 – Application for Review filed by Anda, Inc. . . . , FCC 14-164 (rel: Oct. 30, 2014) Case Description: Status: Petition for Review filed December 19, 2014. Consolidated with case number 14-1234. 18 Name: Staples, Inc., et al. v. FCC & USA Case No: 14-1302 Court: D.C. Circuit FCC Order Description: In the Matter of Rules & Regulations Implementing the TCP Act of 1991; Junk Fax Prevention Act of 2005 – Application for Review filed by Anda, Inc. . . . , FCC 14-164 (rel: Oct. 30, 2014) Case Description: Status: Petition for Review filed December 30, 2014. Consolidated with case number 14-1234. Name: Lawrence Behr v. FCC Case No: 15-1003 Court: D.C. Circuit FCC Order Description: In the Matter of: Lawrence Behr – Application for Modification of 220-222 MHz Station WPW222, FCC 14-207 (rel: Dec. 17, 2014) Case Description: Status: Notice of Appeal filed January 8, 2015. Procedural motions due February 9, 2015. Record/Disp. Motions due February 23, 2015. 19 Name: Silver Fish Broadcasting, Inc. v. FCC Case No: 15-1004 Court: D.C. Circuit FCC Order Description: In the Matter of: Silver Fish Broadcasting, Inc., License Status of Silent Station (DWTTT(FM), Stratford, NH, FCC 14-194 (rel: Dec. 11, 2014) Case Description: Status: Notice of Appeal filed January 12, 2015. Procedural motions due February 13, 2015. Record/Dispositive motions due March 2, 2015. Name: Dayton Access Television, Inc. v. FCC Case No: 07-4467 Court: Sixth Circuit FCC Order Description: In re: implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, 22 FCC Rcd 19633 (2007). FCC Docket No. MB 05-311. FCC Order No. 07-190. Case Description: Petitioners challenge the FCC’s decision to extend a number of the rules adopted in the first Section 621 Order to applications for franchise renewals by incumbent cable operators. Status: Held in abeyance. 20 Name: National Cable & Telecommunications Association v. FCC Case No: 08-3369 Court: Sixth Circuit FCC Order Description: In the Matter of: Leased Commercial Access, R&O and Further NPR, 23 FCC Rcd 2909 (2008). FCC Docket No. MB 07-42. FCC Order No. 07-208. Case Description: Petitioners challenge the FCC’s modification of its leased access rules, which require cable operators to provide channel capacity for commercial use by unaffiliated programmers pursuant to 47 U.S.C. 532. Status: Held in abeyance. Name: Toshiaki Saito v. FCC & USA Case No: 14-71611 Court: Ninth Circuit FCC Order Description: In the Matter of Pendleton C. Waugh, Charles M. Austin and Jay R. Bishop; Preferred Communication Systems, Inc.; and Preferred Acquisitions, Inc., DA 14-492 (rel: April 11, 2014) Case Description: Toshiaki Saito seeks judicial review of an Order, issued on delegated authority by the FCC’s General Counsel, which denied his petition to intervene in a license revocation proceeding involving Preferred Communications, Inc. Mr. Saito, a creditor of one of Preferred’s former principals, would like the Commission to revoke Preferred’s licenses, auction those licenses, and use a portion of the proceeds to reimburse Mr. Saito. Status: Petition for Review filed June 10, 2014. FCC Motion to Dismiss granted by court order October 29, 2014. Mandate issued December 24, 2014. 21 Name: In re: FCC 11-161 Case No: 11-9900 Court: Tenth Circuit FCC Order Description: In the Matter of: Connect America Fund. WC 10-90, 07-135, 05-337 and 03-109; GN 09-51; CC 01-92 and 96-45; WT 10-208. FCC 11-161 Case Description: Petitioners challenge various aspects of an order in which the FCC comprehensively reformed its universal service and intercarrier compensation systems. Status: Petition for Review filed December 2, 2011. Thirty-One (31) additional petitions for review have been consolidated with this lead case. FCC filed thirteen (13) responsive briefs in February - March 2013. FCC Final briefs filed July 24 and July 29, 2013. Oral argument held November 19, 2013. All petitions for review denied by Opinion May 23, 2013. Petitions for Rehearing denied August 27, 2014. Mandate issued September 4, 2014. Petition for Cert. filed by U.S. Cellular November 25, 2014. Petitions for Cert. filed by NARUC, Allband and Cellular South filed January 26, 2015. Gov’t response due March 27, 2015. Name: Saturn Telecommunication Services, Inc. v. FCC & USA Case No: 14-15422 Court: Eleventh Circuit FCC Order Description: In the Matter of: Saturn Telecommunications Services, Inc. v. BellSouth Telecommunications, Inc. d/b/a AT&T Florida, FCC 14-147 (rel: Oct. 7, 2014) Case Description: Petitioner Saturn Telecommunications Services (STS), a competitive local exchange carrier, seeks review of FCC action dismissing (as barred by the terms of a prior settlement agreement between the parties) STS’s formal complaint against incumbent BellSouth Telecommunications, LLC (BellSouth) regarding BellSouth’s compliance with alleged interconnection and network element access obligations. Status: Petition for Review filed December 4, 2014. Record filed January 21, 2015. FCC brief due April 1, 2015. 22