Case: 26-3946, 06/25/2026, DktEntry: 8.1, Page 1 of 4


            IN THE UNITED STATES COURT OF APPEALS 
                     FOR THE NINTH CIRCUIT 
                                  
THE UTILITY REFORM NETWORK; )   
RURAL COUNTY REPRESENTATIVES OF  )   
CALIFORNIA; COMMUNICATIONS ) 
WORKERS OF AMERICA,  ) 
  ) 
 Petitioners, ) 
  )                                                     
                                 v.  )    No. 26-3946 
                                    )  
FEDERAL COMMUNICATIONS COMMISSION ) 
     AND UNITED STATES OF AMERICA, )  
  ) 
 Respondents.  ) 
 
                                
                      MOTION TO TRANSFER 
                                  
     Pursuant to Rule 27 of the Federal Rules of Appellate Procedure and this 

Court’s Rule 27, the Federal Communications Commission asks the Court to 

transfer the captioned petition for review to the United States Court of Appeals for 

the Sixth Circuit. As discussed below, such transfer is required by 28 U.S.C. 

§ 2112(a)(5), because the Sixth Circuit has been designated the forum for all 

judicial challenges to the order that is the subject of the petition for review. 

Opposing counsel has authorized counsel for the FCC to state that Petitioners do 

not oppose this motion. 

                                  

                                  

                                 1 
 

              Case: 26-3946, 06/25/2026, DktEntry: 8.1, Page 2 of 4


                           ARGUMENT 

     Section 2112(a) provides that if, “within 10 days after issuance” of an 

agency order, petitions for review are filed in multiple courts of appeals, the 

Judicial Panel on Multidistrict Litigation “shall, by means of random selection, 

designate one court of appeals” in which all petitions for review of the “same 

order” shall be consolidated. 28 U.S.C. § 2112(a)(1) & (3). Section 2112(a) further 

states that the courts of appeals, other than the one so designated by the Judicial 

Panel, “shall transfer” their petitions for review to the designated court. Id. 

§ 2112(a)(5). 

     Petitioners in this case seek review of an FCC Order: Reducing Barriers to 

Network Improvements and Service Changes; Accelerating Network 

Modernization, Report and Order, WC Docket Nos. 25-209, 25-208, FCC 26-19 

(rel. March 27, 2026) (Order). On May 13, 2026, the Judicial Panel required all 

 petitions for review of the Order to be consolidated in the Sixth Circuit pursuant to 

 section 2112(a).1 Because Petitioners challenge that order, this Court is statutorily 

 required to transfer this case to the Sixth Circuit pursuant to section 2112(a)(5). 

 Therefore, the Commission respectfully requests that the Court transfer this case to 

 the Sixth Circuit. 

                      
1 In re Federal Communications Commission, Reducing Barriers to Network 
Improvements and Service Changes; Accelerating Network Modernization, 
Consolidation Order (JPML May 13, 2026) (copy attached as Exhibit 1). 
                                 2 
 

             Case: 26-3946, 06/25/2026, DktEntry: 8.1, Page 3 of 4


         Respectfully submitted, 

       
                             D. Adam Candeub 
      General Counsel 
 
      Sarah E. Citrin 
      Deputy Associate General Counsel 
 
      /s/ Maureen K. Flood 
 
      Maureen K. Flood 
                             Counsel 
             
      Federal Communications Commission 
      Washington, D.C. 20554 
      (202) 418-1753 
 
June 25, 2026 
 
                              
                              
                              
                              
                              
                              
           


                                3 
           

              Case: 26-3946, 06/25/2026, DktEntry: 8.1, Page 4 of 4


    CERTIFICATE OF COMPLIANCE WITH TYPE-VOLUME LIMIT 

           Certificate of Compliance With Type-Volume Limitation,  
            Typeface Requirements and Type Style Requirements 

ൡ. This document complies with the type-volume limit of Fed. R. App. P. 
     ൢ൧(d)(ൢ)(A) because, excluding the parts of the document exempted by Fed. 
     R. App. P. ൣൢ(f): 

      ☒ this document contains 314 words, or 

     ☐ this document uses a monospaced typeface and contains   lines of text. 

ൢ. This document complies with the typeface requirements of Fed. R. App. P. 
     ൣൢ(a)(൥) and the type style requirements of Fed. R. App. P. ൣൢ(a)(൦) because: 

     ☒ this document has been prepared in a proportionally spaced typeface 
          using Microsoft Word in Office ൣ൦൥ in ൡ൤-point Times New Roman, or 

     ☐ this document has been prepared in a monospaced spaced typeface using 
               with            . 

 
                                    /s/ Maureen K. Flood  
 
       Maureen K. Flood 
          Counsel 
        
                                    Federal Communications Commission 
       Washington, D.C.  20554 
       (202) 418-1740