Updated:  April 9, 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).  
Mobile Relay’s motion for voluntary dismissal of case numbers 06-1082 and 07-1218 granted December 
17, 2014 (Mandate).  Initial brief filed March 9, 2015.  Final brief due May 5, 2014. 
 
 2 
 
 
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: 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 filed February 
27, 2015.  Oral argument held April 6, 2015. 
 
 3 
 
 
 
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.  Status report filed 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.  Mandate issued March 26, 2015. 
 4 
 
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.  Affirmed in part, vacated and 
remanded in part by Opinion April 3, 2015. 
 5 
 
 
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.  Motion to Transfer (to 3rd Cir.), pending.  Prometheus motion to 
deconsolidate case number 14-1113 and transfer to 3rd Circuit filed September 19, 2014.  Initial brief due 
June 11, 2015.  Final brief due August 20, 2015. 
 6 
 
 
 
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 27, 2015.  Final 
brief filed May 1, 2015.  FCC motion to dispense without oral argument filed March 27, 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 filed February 3, 2015.  
Final brief filed March 24, 2015.  Oral argument scheduled for May 8, 2015. 
 
 
 7 
 
 
 
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 held March 12, 2015. 
 
 
 
 
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 filed March 19, 2015.  FCC motion to dispense without oral 
argument filed March 19, 2015. 
 
 
 8 
 
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. 
Intervenor’s motion to dismiss case number 14-1302, pending. 
 
 
 
 
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 held February 3, 2015.  Petition denied by unpublished, per curiam 
order February 27, 2015. 
 
 
 9 
 
 
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 held February 20, 2015. 
 
 
 
 
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.  Petitioner’s motion to seal denied by court order March 6, 
2015 and petitioner ordered to withdraw the motion to proceed in forma pauperis and pay docketing fee 
within 30-days from date of this order. 
 10 
 
 
 
 
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: Appeal from FCC order upholding Wireless Telecommunications Bureau ruling denying request for 
hearing on alleged partial denial of application to modify license and waive construction deadline of 
applicable rule governing an unbuilt 220MHz private land mobile radio station in Denver, CO. 
Status: Notice of Appeal filed January 8, 2015.  Record filed February 23, 2015.  Appellant’s motion for summary 
reversal filed February 20, 2015.  FCC response filed March 5, 2015.  Appellant’s reply filed March 11, 
2015. 
 
 
 
 
 
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.  Record filed March 2, 2015.  Initial brief due June 8, 2015.  Final 
brief due July 13, 2015. 
 
 
 11 
 
 
 
 
Name: AT&T, Inc. v. FCC & USA  
Case No: 15-1038 
Court: D.C. Circuit 
FCC Order Description: In the Matter of: Connect America Fund – ETC Annual Reports and Certifications - - Petition of 
USTelecom for Forbearance Pursuant to 47 U.S.C 160(c) from Obsolete ILEC Regulatory Obligations that 
Inhibit Deployment of Next-Generation Networks, FCC 14-190 (rel: Dec. 18, 2014) 
Case Description: “Price-cap affiliates of AT&T petition for review of the Commission’s decision to continue to require them 
to provide voice telephony in certain high-cost areas, and to provide Lifeline service in both high- and low-
cost areas, even when the carriers receive no USF support in those areas.” 
Status: Petition for Review filed February 19, 2015.  Record/Dispositive motions due April 10, 2015. 
 
 
 
 
 
 
 
Name: In re: PMCM TV, LLC 
Case No: 15-1058 
Court: D.C. Circuit 
FCC Order Description:  
Case Description:  
 
Status: Petition for Issuance of Writ of Mandamus filed March 17, 2015.   
 
 
 12 
 
 
Name: AT&T Corp. v. FCC & USA 
Case No: 15-1059 
Court: D.C. Circuit 
FCC Order Description: In the Matter of: Connect America Fund - - Developing a Unified Intercarrier Compensation Regime, FCC 
15-14 (rel: Feb. 11, 2015) 
Case Description: AT&T challenges the Commission’s declaratory ruling concerning the scope of its VoIP symmetry rule.  It 
contends that the FCC erred in interpreting the rule to permit a competitive carrier to assess access charges 
for end office switching services when neither the carrier nor its VoIP provider partner provides the 
physical last-mile facility to the VoiP provider’s end user customers. 
Status: Petition for Review filed March 23, 2015.  Procedural motions due April 23, 2015.  Record/Dispositive 
motions due May 8, 2015.   
 
 
 
 
 
Name: United States Telecom Ass’n v. FCC & USA 
Case No: 15-1063 
Court: D.C. Circuit 
FCC Order Description: In the Matter of: Protecting and Promoting the Open Internet, FCC 15-24 (rel: Mar. 12, 2015) 
Case Description: Petitioners challenge an order in which the FCC adopted new rules to preserve the open Internet and 
reclassified broadband Internet access service as a telecommunications service. 
Status: Petition for Review filed March 23, 2015.  Procedural motions due April 23, 2015.  Record/Dispositive 
motions due May 8, 2015.   
 
 
 
 
 13 
 
 
 
Name: Great Lakes Comnet, et al. v. FCC & USA 
Case No: 15-1064 
Court: D.C. Circuit 
FCC Order Description: In the Matter of: AT&T Services Inc. and AT&T Corp. v. Great Lakes Comnet, et al., FCC 15-31 (rel: 
Mar. 18, 2015) 
Case Description: Petitioners seek vacatur of a Commission order that granted AT&T’s claims, in a formal complaint 
proceeding under 47 U.S.C. s 208, that petitioner Great Lakes Connect, Inc. (GLC) billed AT&T for 
interstate access services under an unlawful tariff, and that petitioner Westphalia Telephone Company 
unlawfully billed AT&T for services that GLC provided. Petitioners argue that the Commission’s order 
exceeds the FCC’s jurisdiction, violates the U.S. Constitution, and is arbitrary and capricious and 
impermissibly retroactive under the APA. 
Status: Petition for Review filed March 23, 2015.  Procedural motions due April 23, 2015.  Record/Dispositive 
motions due May 8, 2015.   
 
 
 
 
 
Name: The Tennis Channel, Inc. v. FCC & USA 
Case No: 15-1067 
Court: D.C. Circuit 
FCC Order Description: In the Matter of: Tennis Channel, Inc., Complainant v. Comcast Cable Communications, LLC, Defendant, 
FCC 15-7 (rel: Jan. 28, 2015) 
Case Description:  
Status: Petition for Review filed March 27, 2015.  Procedural motions due April 29, 2015.  Record/Dispositive 
motions due May 14, 2015. 
 
 14 
 
 
 
 
Name: Neustar, Inc. v. FCC & USA 
Case No: 15-1080 
Court: D.C. Circuit 
FCC Order Description: In the Matter of: Telcordia Technologies, Inc. Petition to Reform Amendment 57 and to Order a 
Competitive Bidding Process for Number Portability Administration, etc., FCC 15-35 (rel: Mar. 27, 2015) 
Case Description:  
Status: Petition for Review filed April 6, 2015.  Procedural motions due May 7, 2015.  Record/Dispositive 
motions due May 22, 2015. 
 
 
 
 
 
 
Name: Paul Sterling v. Mercantile Adjustment Bureau, LLC  
Case No: 14-1247 
Court: Second Circuit 
FCC Order Description: None 
Case Description:  
 
Status: FCC as Amicus party.  FCC Letter brief filed February 24, 2015.  Proceedings stayed by court order March 
2, 2015 pending outcome of the agency’s administrative proceeding presently considering the issue before 
this court. 
 
 
 
 15 
 
 
 
 
Name: Montgomery County, Maryland v. FCC & USA  
Case No: 15-1240 
Court: Fourth Circuit 
FCC Order Description: In the Matter of: Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, 
etc., FCC 14-153 (rel: Oct. 21, 2014) 
Case Description:  
 
Status: Petition for Review filed March 6, 2015.  Record due April 15, 2015.  Case number 15-1284 consolidated 
with this case.  FCC brief due June 9, 2015. 
 
 
 
 
 
 
Name: City of Bellevue, Washington, et al. v. FCC & USA  
Case No: 15-1284 
Court: Fourth Circuit 
FCC Order Description: In the Matter of: Acceleration of Broadband Deployment by Improving Wireless Facilities Siting Policies, 
etc., FCC 14-153 (rel: Oct. 21, 2014) 
Case Description:  
 
Status: Petition for Review filed March 9, 2015.  Formerly D.C. Case No. 15-1051.  FCC motion to transfer case 
to fourth circuit granted March 17, 2015.  Docketed in fourth circuit and consolidated with case number 
15-1240.  
 
 16 
 
 
 
 
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 07-190, MB Docket No. 05-311   
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.  Status report filed January 22, 2015.  Petitioner’s motion for voluntary dismissal 
granted by court order February 11, 2015.  Case No. 08-3023 (below) remains pending. 
 
 
 
 
 
Name: Montgomery County, Maryland v. FCC & USA  
Case No: 08-3023 
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.  Case previously consolidated with case number 07-4467 (above, which was dismissed).  
Status report filed February 23, 2015. 
 
 17 
 
 
 
 
 
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: The State of Tennessee v. FCC & USA  
Case No: 15-3291 
Court: Sixth Circuit 
FCC Order Description: In the Matter of: City of Wilson, North Carolina – Petition for Preemption of North Carolina General 
Statute Sections 160A-340 et seq. - - The Electric Power Board of Chattanooga, Tennessee – Petition for 
Preemption of a Portion of Tennessee Code Annotated 7-52-601, FCC 15-25 (rel: March 12, 2015) 
Case Description: Petitioners challenge the FCC’s preemption of state-law limits on municipal broadband in North Carolina 
and Tennessee. 
Status: Petition for Review filed March 20, 2015.   
 
 
 
 
 18 
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 responses filed 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 May 12, 2015.