FEDERAL COMMUNICATIONS COMMISSION 
                                                 OFFICE OF GENERAL COUNSEL 
                                                                   memorandum 
                                                                                                                                
                                                                                
                     
                     
                     
                     
                     
TO:          The Commission 
  
 FROM:       Jacob Lewis  
            Associate General Counsel 
                                
 SUBJECT:    Briefs and Arguments Scheduled for December 2021 and January 2022 
  
 DATE:       December 1, 2021 
  
  
                       BRIEFS SCHEDULED TO BE FILED 
  
 January 3, 2022   Foundation for a Beautiful Life v. FCC, No. 21-71266 (9th Cir.).  
                   Challenge to the Commission’s determination that rules for low-power 
                   radio stations will apply only to applications that were not the subject of 
                   any staff determinations as of the effective date of the new rules.   
  
 January 5, 2022   City of Eugene, Or. v. USA & FCC, No. 21-661 (S. Ct.).  Challenge to the 
                   Sixth Circuit’s decision affirming in part the Commission’s order 
                   Implementation of Section 621(a)(1) of the Cable Communications Policy 
                   Act of 1984, 34 FCC Rcd 6844 (2019).  The petitioners contend that, in 
                   upholding the Commission’s determination that the Cable 
                   Communications Policy Act of 1984, 47 U.S.C. §§ 521-573, preempts 
                   state and local governments from assessing fees on cable operators for use 
                   of rights-of-way to provide non-cable services, such as broadband internet, 
                   the Sixth Circuit created an express conflict with precedent from the 
                   Oregon Supreme Court.  The petitioners further contend that certiorari 
                   review is required because a future circuit court split is unlikely and the 
                   decision will have significant impact on competition in the 
                   communications industry.   
  
 January 21, 2022  Nat’l Ass’n of Broad. v. FCC, No. 21-1171 (D.C. Cir.).  Challenge to 
                   broadcaster disclosure requirements for programming leased by foreign 
                   government entities and agents.   
  
 January 24, 2022  Consumers Research, et al v. FCC, No. 21-3886 (6th Cir.).  Challenge to 
                   the Universal Service contribution factor established in Proposed Fourth 

                   Quarter 2021 Universal Service Contribution Factor, DA 21-1134 
 
 
                ORAL ARGUMENTS SCHEDULED TO BE HEARD 
  
  
 December 3, 2021  Viasat, Inc. v. FCC, No. 21-1123 (D.C. Cir.).  Challenge to the 
                   Commission’s decision to modify licenses held by SpaceX to deploy a 
                   constellation of low-earth-orbit satellites to provide broadband service, 
                  and to the Commission’s conclusion that such satellite service would not 
                  cause harmful interference to existing direct broadcast satellite operations.   
 
December 7, 2021  Children’s Health Def. v. FCC, No. 21-1075 (D.C. Cir.).  Challenge to the 
                  FCC’s January 2021 order revising the over-the-air reception device 
                  (OTARD) rule, which generally prohibits restrictions on the ability of 
                  antenna users to install or use over-the-air reception devices.  The 
                  petitioners contend that the FCC’s revisions to the rule will increase 
                  antenna deployment and, by extension, harmful exposure to 
                  radiofrequency energy.   
 
January 14, 2022  Northstar Wireless,  LLC v. FCC, No. 18-1209 (D.C. Cir.).  Challenge to 
                  the Commission’s procedures and decision on remand from the D.C. 
                  Circuit concerning the petitioners’ claimed eligibility for bidding credits in 
                  a spectrum auction.   
 
January 25, 2022  Intelligent Transp. Soc’y of Am. v. FCC, No. 21-1130 (D.C. Cir.).  
                  Challenge the Commission’s reallocation of 45 MHz of the 5.9 GHz band 
                  for unlicensed wireless use and specification of a particular protocol (C-
                  V2X) for intelligent transportation operations.   
 
 
 


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