Updated: August 4, 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 filed May 5, 2014. Oral argument scheduled for October 7, 2015. 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. Petition dismissed for lack of jurisdiction by unpublished, per curiam judgment May 15, 2015. Mandate issued July 15, 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 June 19, 2015 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. Record filed July 21, 2014. Initial brief filed November 13, 2014. Final brief filed December 16, 2014. Oral argument scheduled for September 11, 2015. 4 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. Prometheus motion for limited oral argument filed May 6, 2015. FCC response filed May 21, 2015. Initial brief filed June 18, 2015. Final brief due August 27, 2015. 5 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 filed March 27, 2015. Final brief filed May 21, 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 held May 8, 2015. Affirmed by Opinion July 17, 2015. 6 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. Petitions for Review denied by Opinion June 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. Oral argument scheduled for September 10, 2015. 7 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. Motions to dismiss denied by court order May 6, 2015. Record filed July 29, 2015. 8 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 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. Petition for Review granted and Commission’s order vacated by Opinion May 8, 2015. Mandate issued July 15, 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. FCC Motion to Dismiss and Defer Filing the Record filed July 27, 2015. Response due August 10, 2015. FCC Reply due August 20, 2015. 9 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. Court order May 4, 2015 denied motion for summary reversal. FCC brief due August 6, 2015. 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 filed April 10, 2015. FCC motion to hold case in abeyance filed July 2, 2015. AT&T’s opposition filed July 15, 2015. Court order July 16, 2015 suspended briefing schedule. FCC reply in support of motion to hold case in abeyance filed July 27, 2015. 10 Name: In re: PMCM TV, LLC Case No: 15-1058 Court: D.C. Circuit FCC Order Description: Case Description: Petition for mandamus requesting the court to order the FCC to direct that WJLP-TV, Middletown Township, New Jersey, be carried on Channel 3 on all cable systems as to which the station has elected must-carry status. Status: Petition for Issuance of Writ of Mandamus filed March 17, 2015. FCC response filed June 19, 2015. Reply filed July 6, 2015. 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. Record filed May 7, 2015. Initial brief due September 14, 2015. Final brief due November 9, 2015. 11 Name: United States Telecom Ass’n., et al. 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. Record filed April 28, 2015. FCC motion to dismiss (case numbers 15-1063 & 15-1078) filed May 8, 2015. Petitioners’ joint opposition to motion to dismiss filed May 21, 2015. FCC reply to opposition to motion to dismiss filed June 1, 2015. Court order June 11, 2015 denied motion for stay. Initial brief due September 14, 2015. Final brief due October 13, 2015. Oral argument scheduled for December 4, 2015. 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. Record filed May 8, 2015. Initial brief due October 5, 2015. Final brief due December 2, 2015. 12 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. Record filed May 7, 2015. FCC motion for summary affirmance filed May 12, 2015. Petitioner’s opposition to motion for summary affirmance filed May 29, 2015. FCC reply to opposition filed June 8, 2015. 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: Neustar, Inc., the current local number portability administrator (LNPA), challenges the FCC’s decision to select Telcordia as the next administrator, subject to successful negotiation and execution of a new LNPA contract that meets Commission-prescribed standards. Status: Petition for Review filed April 6, 2015. Petitioner’s motion to expedite case filed May 7, 2015. FCC opposition to motion to expedite case filed May 21, 2015. FCC motion to dismiss or hold in abeyance filed May 21, 2015. Petitioner’s reply in support of expedition filed June 1, 2015. Petitioner’s opposition to dismissal filed June 4, 2015. FCC reply in support of dismissal filed June 15, 2015. Court order July 21, 2015 referred motion to dismiss to merits panel and denied motion to hold case in abeyance. 13 Name: NTCH, Inc. v. FCC Case No: 15-1145 Court: D.C. Circuit FCC Order Description: In the Matter of: Applications of Cellco Partnership d/b/a Verizon Wireless and SpectrumCo LLC and Cox TMI, LLC for Consent to Assign AWS-1 Licenses, etc., FCC 15-46 (rel: April 16, 2015) Case Description: Status: Petition for Review filed May 18, 2015. Record filed July 6, 2015. Name: ACA International v. FCC & USA Case No: 15-1211 Court: D.C. Circuit FCC Order Description: In the Matter of: Rules & Regulations Implementing the Telephone Consumer Protection Act of 1991, et al., FCC 15-72 (rel: July 10, 2015) Case Description: Status: Petition for Review filed July 14, 2015. Case numbers 15-1218 & 15-1244 consolidated with this case. Procedural motions due August 12, 2015. Record/Disp. Motions due August 27, 2015. 14 Name: Sirius XM Radio, Inc. v. FCC & USA Case No: 15-1218 Court: D.C. Circuit FCC Order Description: In the Matter of: Rules & Regulations Implementing the Telephone Consumer Protection Act of 1991, et al., FCC 15-72 (rel: July 10, 2015) Case Description: Status: Petition for Review filed July 14, 2015. Case consolidated with case number 15-1211. Name: Professional Ass’n for Customer Engagement, Inc. v. FCC & USA Case No: 15-1244 Court: D.C. Circuit FCC Order Description: In the Matter of: Rules & Regulations Implementing the Telephone Consumer Protection Act of 1991, et al., FCC 15-72 (rel: July 10, 2015) Case Description: Status: Petition for Review filed July 14 2015. Case formerly filed in 7th Circuit under number 15-2489. Transferred to D.C. Circuit and consolidated with case number 15-1211. 15 Name: Barry P. Lunderville v. FCC Case No: 15-1584 Court: First Circuit FCC Order Description: In the Matter of: BARRY P. LUNDERVILLE - - Request for Relief from Bid Withdrawal Payment Obligations Incurred in Auction 37, FCC 15-48 (rel: April 17, 2015) Case Description: Status: Petition for Review filed May 13, 2015. Record filed June 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. 16 Name: Montgomery County, Maryland, et al. 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 filed April 24, 2015. Initial brief filed June 9, 2015. Final brief filed July 20, 2015. Court tentatively scheduled case for oral argument during the October 27 – 29, 2015 session. 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 (Mandate). Case No. 08-3023 (below) remains pending. 17 Name: Montgomery County, Maryland, et al. 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 March 24, 2015. Case number 15-3578 consolidated with this case by court order July 17, 2015. 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. 18 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. Record filed May 19, 2015. Court order August 3, 2015 consolidated case number 15-3555 with this case. FCC brief due November 5, 2015. Name: State of North Carolina v. FCC & USA Case No: 15-3555 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 May 11, 2015. Case originally filed in Fourth Circuit (No. 15-1506). Consolidated with case number 15-3291. 19 Name: Anne Arundel County, Maryland, et al. v. FCC & USA Case No: 15-3578 Court: Sixth Circuit FCC Order Description: In the Matter of: 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, FCC 15-3 (rel: Jan. 21, 2015) Case Description: Petitioners challenge two orders in which the FCC determined that several findings regarding the video franchising process under 47 U.S.C. 541(a)(1) should apply to incumbent cable operators as well as competitive multichannel video programming distributors. Status: Petition for Review filed May 5, 2015. Consolidated with case number 08-3023 by court order July 17, 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 filed May 12, 2015. Oral argument scheduled for session during the week of November 2, 2015.