Updated: June 15, 2016 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), FCC 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: 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 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. 2 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: Sept. 26, 2013) 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. Held in abeyance December 16, 2014. Court order February 10, 2016 continued abeyance and ordered parties to file motion to govern further proceedings 30 days after new rules go into effect. FCC motion to continue holding case in abeyance granted May 19, 2016. Parties are directed to file motions to govern future proceedings within 30 days of the court’s disposition in case number 15-1461, Global TelLink. 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. Appeal dismissed for lack of standing by Judgment December 23, 2015. Petition for Rehearing and Rehearing En Banc denied by court order March 30, 2016. Mandate issued April 7, 2016. 3 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. Record filed July 29, 2015. Initial brief filed December 24, 2015. Final brief filed March 9, 2016. Name: AT&T, Inc., et al. 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. Case numbers 16-1002 and 16-1072 consolidated with this case. Initial brief due September 2, 2016. Final brief due September 30, 2016. 4 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 filed October 5, 2015. Final brief filed December 17, 2015. 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 filed September 14, 2015. Final brief filed October 13, 2015. Oral argument held December 4, 2015. Court opinion issued June 14, 2016, upholding the Commission’s order in its entirety. 5 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 filed October 5, 2015. Final brief filed December 2, 2015. Petitioner’s notice of bankruptcy and petition for stay filed February 4, 2016. FCC opposition filed March 7, 2016. Oral argument held April 1, 2016. Court opinion issued May 24, 2016, largely affirming FCC order, remanding “rural telephone company” issue to agency for further consideration. 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: Tennis Channel argues that the Commission abused its discretion when it refused to initiate a new administrative proceeding in the wake of Comcast Cable Communications, LLC v. FCC, 717 F.3d 982 (D.C. Cir. 2013). In that decision, the D.C. Circuit vacated a Commission Order finding that Comcast violated Section 616 of the Communications Act by refusing to broadcast Tennis Channel as widely as it broadcasts its own affiliated sports networks. Status: Petition for Review filed March 27, 2015. Record filed May 7, 2015. FCC motion for summary affirmance denied by court order August 6, 2015. Initial brief filed October 21, 2015. Final brief filed December 11, 2015. Oral argument held April 18, 2016. 6 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. FCC motion to dismiss or hold in abeyance filed May 21, 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. Record filed August 5, 2015. Initial brief filed October 28, 2015. Final brief filed December 17, 2015. Oral argument scheduled for September 13, 2016. 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: NTCH challenges the Commission’s consent to the assignment of certain AWS-1 licenses to Verizon Wireless in 2012. NTCH asserts that the transaction will harm the data roaming market. It also argues that the Commission should initiate a license revocation proceeding against Verizon Wireless for violations of the foreign ownership restrictions in Section 310(b) of the Communications Act. Status: Petition for Review filed May 18, 2015. Record filed July 6, 2015. Initial brief filed November 9, 2015. Final brief filed December 21, 2015. Oral argument scheduled for September 9, 2016. 7 Name: ACA International, et al. 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: Petitions challenge aspects of the Commission’s omnibus ruling clarifying various provisions the Telephone Consumer Protection Act, including the definition of an automated telephone dialing system, the application of the prior express consent exception to reassigned wireless numbers, and the rights of consumers to revoke consent. Status: Petition for Review filed July 14, 2015. Record filed August 27, 2015. Initial brief filed January 15, 2016. Final brief filed February 24, 2016. Name: Mako Communications, LLC, et al. v. FCC & USA Case No: 15-1264 Court: D.C. Circuit FCC Order Description: In the Matter of: Expending the Economic and Innovative Opportunities of Spectrum Through Incentive Auctions, FCC 15-69 (rel: June 19, 2015) Case Description: Petitioners challenge the Commission’s 2014 Report and Order that adopted rules implementing an incentive auction of broadcast television spectrum. Petitioners argue that the Commission’s decision not to protect LPTV stations in the repacking process “altered” LPTV stations’ spectrum usage rights in violation of the Spectrum Act of 2012, 47 U.S.C. § 1452(b)(5). Status: Petition for Review filed August 6, 2015. Record filed September 24, 2015. Case number 15-1280 consolidated with this case. By court order November 30, 2015, this case is to be argued on the same day and before the same panel as case number 15-1346 (Free Access). Initial brief filed January 22, 2016. Motion for Stay denied March 16, 2016. Final brief filed March 21, 2016. Oral argument held May 5, 2016. 8 Name: National Ass’n. of Telecomm. Officers & Advisors v. FCC & USA Case No: 15-1295 Court: D.C. Circuit FCC Order Description: Concerning Effective Competition; Implementation of Section 111 of the STELA Reauthorization Act, FCC 15-62 (rel: June 3, 2015) Case Description: Petitioners challenge the FCC’s adoption of a presumption that cable operators are subject to effective competition in franchise areas nationwide. Status: Petition for Review filed August 28, 2015. Record filed October 15, 2015. Initial brief filed February 2, 2016. Final brief filed March 29, 2016. Name: United States Telecomm. Ass’n., et al. v. FCC & USA Case No: 15-1322 Court: D.C. Circuit FCC Order Description: In the Matter of: Lifeline and Link Up Reform and Modernization; Telecommunications Carriers Eligible for Universal Service Support; and Connect America Fund, FCC 15-71 (rel: June 22, 2015) Case Description: USTelecom challenges the FCC’s authority to require providers of Lifeline service to protect the confidentiality of documents used to establish Lifeline eligibility. Some Oklahoma carriers challenge the FCC’s adoption of a rule interpretation that reduces the number of areas in Oklahoma that qualify for Tribal Lifeline subsidies. Status: Petition for Review filed September 11, 2015. Case number 15-1324 (Assist Wireless) deconsolidated from this case by court order December 10, 2015. FCC motion to hold case in abeyance granted by court order January 14, 2016. Name: SNR Wireless LicenseCo, LLC, et al. v. FCC Case No: 15-1330 Court: D.C. Circuit FCC Order Description: In the Matter of: Northstar Wireless, LLC; SNR Wireless LicensCo, LLC – Applications for New Licenses in the 1695- 1710 MHz, and 1755-1780 MHz and 2155-2180 MHz Bands, FCC 15-104 (rel: Aug. 18, 2015) Case Description: Petitioners SNR and Northstar challenge a Commission decision denying them designated entity bidding credits in the AWS-3 auction on the basis that both petitioners are de facto controlled by DISH network. Status: Notice of Appeal filed September 17, 2015. Record filed November 6, 2015. Initial brief filed February 26, 2016. Final brief filed April 4, 2016. 9 Name: Free Access & Broadcast Telemedia, LLC, et al. v. FCC & USA Case No: 15-1346 Court: D.C. Circuit FCC Order Description: In the Matter of: Expanding the Economic and Innovative Opportunities of Spectrum Through Incentive Auctions, FCC 15-69 (rel: June 19, 2015) Case Description: Free Access challenges the Commission’s 2014 Report and Order that adopted rules implementing an incentive auction of broadcast television spectrum. Free Access argues that the Commission’s actions constitute a taking in violation of the Fifth Amendment, as well as a violation of the Regulatory Flexibility Act of 1980, by failing to analyze the potential adverse economic impact on low-power television stations as small entities. Status: Petition for Review filed October 5, 2015. Motion to consolidate this case with case number 15-1264 filed November 6, 2015. Record filed November 23, 2015. Court order November 30, 2015, ordered this case and case number 15-1264 (Mako) to be argued on same day and before the same panel. Initial brief filed February 22, 2016. Motion for Stay denied March 16, 2016. Final brief filed March 21, 2016. Oral argument held May 5, 2016. Name: All American Telephone Co., Inc., et al. v. FCC & USA Case No: 15-1354 Court: D.C. Circuit FCC Order Description: In the Matter of: AT&T Corp., Complainant v. All American Telephone Co., et al., Defendants, FCC 15-106 (rel: Aug. 21, 2015) Case Description: Petitioners challenge an FCC order assessing damages against them. The Commission had previously determined that petitioners operated as “sham” competitive local exchange carriers created for the purposes of inflating terminating access revenues. Petitioners allege that the Commission’s damages order exceeds the agency’s jurisdiction, and is arbitrary, capricious, and not in accordance with the law. Status: Petition for Review filed October 16, 2015. Record filed December 7, 2015. Initial brief filed May 3, 2016. Final brief due August 16, 2016. 10 Name: United States Telecom Association v. FCC & USA Case No: 15-1414 Court: D.C. Circuit FCC Order Description: In the Matter of: Ensuring Customer Premises Equipment Backup Power for Continuity of Communications – Technology Transitions, etc., FCC 14-185 (rel: Nov. 25, 2014) and In the Matter of: Technology Transitions – Policies and Rules Governing Retirement of Copper Loops by Incumbent Local Exchange Carriers, etc., FCC 15-97 (rel: Aug. 7, 2015) Case Description: USTelecom challenges some declaratory rulings and new rules concerning the transition from circuit-switched telephone networks to Internet Protocol (IP) communications networks. Status: Petition for Review filed November 12, 2015. Record filed January 4, 2016. Initial brief due August 15, 2016. Final brief due September 20, 2016. Name: James Chelmowski v. FCC & USA Case No: 15-1425 Court: D.C. Circuit FCC Order Description: In the Matter of: James Chelmowski v. AT&T Mobility LLC, FCC Docket No. 14-260 (rel: Oct. 16, 2015) Case Description: Status: Petition for Review filed November 18, 2015. FCC Motion to Dismiss granted April 18, 2016. Petition for Rehearing En Banc filed April 29, 2016. Name: Global Tel*Link, et al. v. FCC & USA Case No: 15-1461 Court: D.C. Circuit FCC Order Description: In the Matter of: Rates for Interstate Inmate Calling Services, FCC 15-136 (rel: Nov. 5, 2015) Case Description: Providers of inmate calling services challenge the FCC’s November 2015 order setting rate caps for interstate and intrastate inmate calling services and instituting related reforms. Status: Petition for Review filed December 18, 2015. Case numbers 15-1498, 16-1012, 16-1029, 16-1038, 16-1046 and 16-1057 consolidated with this case. Record filed February 8, 2016. Court order March 23, 2016 stayed Commission order with respect to 47 C.F.R. § 64.6030 (imposing interim rate caps), insofar as to FCC intends to apply that provision to intrastate calling services. Initial brief due August 5, 2016. Final brief due October 5, 2016. 11 Name: National Ass’n. of Regulatory Utility Commissioners v. FCC & USA Case No: 15-1497 Court: D.C. Circuit FCC Order Description: In the Matter of: Numbering Policies for Modern Communications, etc., FCC 15-70 (rel: June 22, 2015) Case Description: In this Order, the Commission established a process to authorize interconnected VoIP providers to obtain telephone numbers directly from the Numbering Administrators. NARUC argues that the FCC could not give VoIP providers access to numbers without first deciding whether VoIP is a telecommunications or information service. The agency found it unnecessary to reach that decision. Status: Petition for Review filed December 23, 2015. Record filed February 11, 2016. Initial brief filed May 19, 2016. Final brief due June 30, 2016. Name: Nueva Esperanza, Inc. v. FCC & USA Case No: 15-1500 Court: D.C. Circuit FCC Order Description: In the Matter of: LPFM MX Group 304, NAACP Social Justice Law Project, et al., Application for a Construction Permit for a New LPFM Station at Philadelphia, Pennsylvania (rel: Dec. 3, 2015) Case Description: Petitioners challenge an order granting a competing group of applications to construct a new LPFM station in Philadelphia and denying the petitioners’ applications. Status: Petition for Review filed December 30, 2015. Record filed February 16, 2016. Amended record filed March 7, 2016. FCC brief filed June 13, 2016. Name: Latina Broadcasters of Daytona Beach, LLC v. FCC & USA Case No: 16-1065 Court: D.C. Circuit FCC Order Description: In the Matter of Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, FCC 16-12 (rel: Feb. 12, 2016) Case Description: Petitioner challenge the FCC’s determination that it is not eligible to participate in the broadcast spectrum incentive auction or to receive protection during the auction’s “repacking” process. Status: Petition for Review filed February 19, 2016. Motion for stay filed February 26, 2016. FCC opposition filed March 4, 2016. Court order March 17, 2016 directed FCC to make Latina provisionally eligible for incentive auction and ordered appeal expedited. Record filed April 11, 2016. FCC brief due September 14, 2016. 12 Name: Point Four, LLC v. FCC Case No: 16-1073 Court: D.C. Circuit FCC Order Description: In the Matter of: Centro Cultural de Mexico en el Condado de Orange Application for a Construction Permit for a New LPFM Station at Santa Ana, California, FCC 16-7 (rel. Jan. 28, 2016) Case Description: Point Four challenges the Commission’s decision to dismiss Point Four’s application for review of a bureau-level decision for being filed one day late. Point Four argues that the FCC’s decision was arbitrary, capricious, an abuse of discretion, and otherwise contrary to law. Status: Notice of Appeal filed February 26, 2016. Record filed April 18, 2016. Initial brief due August 1, 2016. Final brief due September 6, 2016. Name: Free Access & Broadcast Telemedia, LLC, et al. v. FCC & USA Case No: 16-1100 Court: D.C. Circuit FCC Order Description: In the Matter of: Expanding the Economic and Innovative Opportunities of Spectrum Through Incentive Auctions, FCC 15-175 (rel: Dec. 17, 2015) Case Description: Free Access challenge the Commission’s Report and Order that adopted rules implementing an incentive auction of broadcast television spectrum. Status: Petition for Review filed March 28, 2016. Record filed May 16, 2016. Initial brief due August 25, 2016. Final brief due September 29, 2016. Name: Walker Broadcasting Company, Inc. v. FCC Case No: 16-1118 Court: D.C. Circuit FCC Order Description: In the Matter of: Walker Broadcasting Company Inc. – Application for License to Cover Construction Permit, Application for Construction Permit and Petition for Eligible Entity Status, et al. , FCC 16-30 (rel: Mar. 18, 2016) Case Description: Status: Notice of Appeal filed April 15, 2016. Appellant’s motion for expedition granted May 20, 2016. Initial brief due July 20, 2016. Final brief due August 12, 2016. 13 Name: AT&T, Inc., et al. v. FCC & USA Case No: 16-1145 Court: D.C. Circuit FCC Order Description: In the Matter of: Business Data Services in an Internet Protocol Environment; Investigation of Certain Price Cap Local Exchange Carrier Business Data Services Tariff Pricing Plans, etc., FCC 16-54 (rel: May 2, 2016) Case Description: Status: Petition for Review filed May 11, 2016. Procedural motions due June 15, 2016. Record/Dispositive motions due June 30, 2016. Name: AT&T, Inc., et al. v. FCC & USA Case No: 16-1166 Court: D.C. Circuit FCC Order Description: In the Matter of: Business Data Services in an Internet Protocol Environment; Investigation of Certain Price Cap Local Exchange Carrier Business Data Services Tariff Pricing Plans, etc., FCC 16-54 (rel. May 2, 2016) Case Description: Status: Petition for Review filed June 2, 2016. Procedural motions due July 7, 2016. Record/Dispositive motions due July 22, 2016. Name: NARUC v. FCC & USA Case No: 16-1170 Court: D.C. Circuit FCC Order Description: In the Matter of Lifeline and Link Up Reform and Modernization, Telecommunications Carriers Eligible for Universal Service Support, Connect America Fund, FCC 16-38 (rel. April 27, 2016) Case Description: Status: Petition for Review filed June 3, 2016. Procedural motions due July 11, 2016. Record/Dispositive motions due July 25, 2016. 14 Name: AT&T, Inc., et al. v. FCC & USA Case No: 16-1177 Court: D.C. Circuit FCC Order Description: In the Matter of: Business Data Services in an Internet Protocol Environment; Investigation of Certain Price Cap Local Exchange Carrier Business Data Services Tariff Pricing Plans, etc., FCC 16-54 (rel: May 2, 2016) Case Description: Status: Petition for Review filed June 9, 2016. Procedural motions due July 14, 2016. Record/Dispositive motions due July 29, 2016. 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. Show cause order issued August 13, 2015. Petitioner’s response filed September 25, 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. Stay of the appeal lifted by court order August 14, 2015. Oral argument held June 14, 2016. 15 Name: Council Tree Investors, Inc. v. FCC & USA Case No: 15-3754 Court: Third Circuit FCC Order Description: In the Matter of: Updating Part 1 Competitive Biddings Rules - - Expanding the Economic and Innovation Opportunities of Spectrum Through Incentive Auctions, etc., FCC 15-80 (rel: July 21, 2015) and Public Notice - - Application Procedures for Broadcast Incentive Auction Scheduled To Begin On March 29, 2016, DA 15-1183 (rel: Oct. 15, 2015) Case Description: Status: Petition for Review filed November 13, 2015. FCC Motion to Dismiss In Part granted May 18, 2016. Name: Prometheus Radio Project, et al. v. FCC & USA Case No: 15-3863 Court: Third 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; etc., 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. Initial brief filed June 18, 2015. Final brief filed August 27, 2015. Court order November 24, 2015, transferred case to Third Circuit. Docketed in Third Circuit December 10, 2015. Court order March 14, 2016 amended the caption from “Howard Stirk Holdings” to “Prometheus Radio Project”. Oral argument held April 19, 2016 in Philadelphia. Court opinion issued May 25, 2016, denying petitions for review in part and granting them in part. 16 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. Status report filed March 24, 2015. Case number 15-3578 consolidated with this case. Petitioner’s motion to transfer case to 4th Circuit denied by court order January 14, 2016. FCC brief filed April 29, 2016. 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, et al. 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 filed November 5, 2015. Oral argument held March 17, 2016 in Ohio. 17 Name: Ameren Corporation, et al. v. FCC & USA Case No: 16-1683 Court: Eighth Circuit FCC Order Description: In the Matter of: Pole Attachment Rates, FCC 15-151 (rel: Nov. 24, 2015) Case Description: Petitioners challenge an Order on Reconsideration of a 2011 Commission order concerning pole attachment rates. The Order on Reconsideration amends the pole attachment rate formula adopted in earlier order in response to a petition for reconsideration filed by CompTel and the National Cable and Telecommunications Association. Petitioners argue that the Commission lacked authority to revise the pole attachment rate formula; that the agency’s decision is arbitrary and capricious; and that the agency’s actions were procedurally improper. Status: Petition for Review filed March 18, 2016. Record filed April 27, 2016. FCC motion to transfer case (to D.C. Circuit) and to suspend briefing schedule filed May 23, 2016.