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Pending Apellate Cases (Dec. 6, 2012)

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Released: December 6, 2012

Updated: December 6, 2012


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:
EchoStar Satellite L.L.C. v. FCC
Case No:
04-1033
Court:
District of Columbia Circuit
FCC Order Description:
In re: implementation of Section 302 of the Telecommunications Act of 1996, et al., 18 FCC Rcd 20885
and Order on Reconsideration, 18 FCC Rcd 27059 (2003). FCC Docket No. CS 97-80 and PP 00-67. FCC
Order No. 03-329.
Case Description:
Petitioner Challenges the FCC order which adopted regulations to facilitate the direct connection of digital
“navigation devices” or customer premises equipment purchased from retail outlets to cable TV and other
multichannel video programming distributor systems.
Status:
Motion to Govern Further Proceedings granted by September 30, 2011 Order. Initial brief filed February
16, 2012 and final brief filed March 30, 2012. Oral Argument held September 14, 2012.




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:
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 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.






2



Name:
Tribune Company v. FCC
Case No:
07-1488
Court:
District of Columbia Circuit
FCC Order Description:
In re: shareholders of Tribune Co., and Sam Zell, et al. for consent to the transfer of control of the Tribune
Co. and applications for the renewal of license of KTLA(TV), Los Angeles, 22 FCC Rcd 21266 (2007).
FCC Docket No. MB 07-119. FCC Order No. 07-211.
Case Description:
Appellants challenge the FCC’s denial of their request for a waiver in selected markets of the FCC’s
“newspaper/broadcast cross-ownership rule,” which prohibits common ownership of a daily newspaper and
a broadcast station in the same market.
Status:
Held in abeyance.





Name:
National Association of State Utility Consumer Advocates v. FCC
Case No:
08-1226
Court:
District of Columbia Circuit
FCC Order Description:
In re: petition of AT&T Inc. for forbearance from enforcement of certain of the FCC’s cost assignment
rules, MO&O, 23 FCC Rcd 7302 (2008). FCC Docket No. 07-21, 05-342. FCC Order No. 08-120
Case Description:
NASUCA challenges the FCC’s AT&T Cost Allocation Forbearance Order in which the FCC forbears
from applying certain “cost assignment” rules to AT&T (e.g., re: Section 32.23-nonregulated activities;
Section 32.27-transactions with affiliates).
Status:
Held in abeyance.





3



Name:
Iridium Satellite LLC v. FCC
Case No:
08-1374
Court:
District of Columbia Circuit
FCC Order Description:
In re: Globalstar Licensee LLC; application for modification of license for operation of ancillary terrestrial
component facilities, 2008 WL 4774967 (rel. October 21, 2008). FCC Docket No. SAT-MOD-
20080516ETC. FCC Order No. 08-254.
Case Description:
Petitioner challenges FCC order that modifies Globalstar’s license in order to permit the use of WiMAX air
interface protocol, and provide an interim waiver of certain ancillary terrestrial component (“ATC”) gating
criteria and technical rules.
Status:
Held in abeyance.





Name:
Cellco Partnership d/b/a Verizon Wireless v. FCC
Case No:
11-1135
Court: D.C.
Circuit
FCC Order Description:
In the Matter of Reexamination of Roaming Obligations of Commercial Mobile Radio Service Providers
and Other Providers of Mobile Data Services (rel. April 7, 2011). Docket No. WT 05-265. FCC Order
No. 11-52
Case Description:
Verizon Wireless challenges a Commission rulemaking order that requires facilities-based providers of
commercial mobile data services to offer data roaming arrangements to other such providers on
commercially reasonable terms, subject to certain limitations.
Status:
Notice of Appeal filed May 13, 2011. Per May 26, 2011 Order, case no. 11-1136 is consolidated with this
case. Initial brief filed January 9, 2012 and final brief filed March 8, 2012. Oral Argument held
September 20, 2012. Opinion issued December 4, 2012 affirming the Commission’s data roaming rule.


4



Name:
Cellco Partnership d/b/a Verizon Wireless v. FCC
Case No:
11-1136
Court: D.C.
Cir.
FCC Order Description:
In the Matter of Reexamination of Roaming Obligations of Commercial Mobile Radio Service Providers
and Other Providers of Mobile Data Services (rel. April 7, 2011). Docket No. WT 05-265. FCC Order
No. 11-52
Case Description:
Verizon Wireless challenges a Commission rulemaking order that requires facilities-based providers of
commercial mobile data services to offer data roaming arrangements to other such providers on
commercially reasonable terms, subject to certain limitations
Status:
Petition for Review filed May 13, 2011. Per May 26, 2011 Order, case is consolidated with case no.
11-1135.



Name:
American Electric Power Service Corp., et al. v. FCC
Case No:
11-1146
Court: D.C.
Cir.
FCC Order Description:
Report and Order and Order on Reconsideration – A National Broadband Plan for Our Future
Case Description:
Several utility companies challenge the pole attachment rules adopted in Implementation of Section 224 of
the Act.
Status:
Petition for Review filed May 18, 2011. Petitioner’s Motion to Stay denied by August 5, 2011 Order.
FCC’s Motion to Hold Case in Abeyance and to Defer Filing of the Record denied by September 16, 2011
Order. Record filed September 19, 2011. Initial brief filed February 17, 2012. Final brief filed April 3,
2012. Oral Argument scheduled for January 23, 2013.





5



Name:
PMCM TV, LLC v. FCC
Case No:
11-1330
Court: D.C.
Cir.
FCC Order Description:
In the Matter of: Reallocation of Channel 2 from Jackson, Wyoming to Wilmington, Delaware and
Reallocation of Channel 3 from Ely, Nevada to Middletown Township, New Jersey (Sept. 15, 2011). Not
Docketed. FCC Order No. 11-135
Case Description:
Appeal from Commission decision denying a request from licensees of two television stations operating on
channels currently allocated to communities in Wyoming and Nevada to reallocate those channels to
communities in Delaware and New Jersey pursuant to Section 331(a) of the Communications Act.
Status:
Notice of Appeal filed September 19, 2011. Record filed November 7, 2011. Brief filed February 2, 2012.
Oral Argument held October 18, 2012.





Name:
Verizon v. FCC
Case No:
11-1355
Court: D.C.
Cir.
FCC Order Description:
In the Matter of: Preserving the Open Internet; Broadband Industry Practices (rel. Dec. 23, 2010)
FCC 10-201; GN Docket No. 09-191; WC Docket No. 07-52.C. Cir.
Case Description:
Verizon challenges the Commission's implementation of rules safeguarding the openness of the Internet.
Status:
Notice of Appeal filed September 30, 2011. Notice of Multicircuit Petitions for Review filed October 5,
2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the
District of Columbia Circuit in which to consolidate these petitions for review on October 6, 2011. Initial
brief filed September 10, 2012. Court order dated July 3, 2012 granted Voluntary Dismissal of Case No.
11-1411 (Free Press). Final brief due January 3, 2013.


6



Name:
Verizon v. FCC
Case No:
11-1356
Court: D.C.
Cir.
FCC Order Description:
In the Matter of: Preserving the Open Internet; Broadband Industry Practices (rel. Dec. 23, 2010)
FCC 10-201; GN Docket No. 09-191; WC Docket No. 07-52
Case Description:
Verizon challenges the Commission's implementation of rules safeguarding the openness of the Internet.
Status:
Petition for Review filed September 30, 2011. Notice of Multicircuit Petitions for Review filed October 5,
2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the
District of Columbia Circuit in which to consolidate these petitions for review on October 6, 2011.
December 8, 2011 order consolidates case numbers 11-1356, 11-1403, 11-1404, and 11-1411 with lead
case number 11-1355.




Name:
MetroPCS Communications, Inc., et al. v. FCC
Case No:
11-1403
Court: D.C.
Cir.
FCC Order Description:
In the Matter of: Preserving the Open Internet; Broadband Industry Practices (rel. Dec. 23, 2010)
FCC 10-201; GN Docket No. 09-191; WC Docket No. 07-52.C. Cir.
Case Description:
MetroPCS challenges the Commission's implementation of rules safeguarding the openness of the Internet.
Status:
Notice of Appeal filed October 21, 2011. Per October 25, 2011 Order, Case No. 11-1404 has been
consolidated with this case. December 8, 2011 order consolidates case numbers 11-1356, 11-1403,
11-1404, and 11-1411 with lead case number 11-1355.





7





Name:
MetroPCS Communications, Inc. v. FCC
Case No:
11-1404
Court: D.C.
Cir.
FCC Order Description:
In the Matter of: Preserving the Open Internet; Broadband Industry Practices (rel. Dec. 23, 2010)
FCC 10-201; GN Docket No. 09-191; WC Docket No. 07-52.C. Cir.
Case Description:
MetroPCS challenges the Commission's implementation of rules safeguarding the openness of the Internet.
Status:
Petition for Review filed October 21, 2011. Per October 25, 2011 Order, this case has been consolidated
with case number 11-1403. December 8, 2011 order consolidates case numbers 11-1356, 11-1403,
11-1404, and 11-1411 with lead case number 11-1355.





Name:
Northern Valley Communications, LLC v. FCC
Case No:
11-1467
Court: D.C.
Circuit
FCC Order Description:
In the Matter of: Sprint Communications Company L.P. v. Northern Valley Communications, LLC (rel.
July 18, 2011 and November 14, 2011). FCC 11-111 and 11-170.
Case Description:
In this traffic pumping case, Northern Valley challenges the Commission's decision holding that access
charges may be imposed on an IXC by a terminating CLEC only when the "end user" is a paying customer
of the LEC.
Status:
Petition for Review filed December 1, 2011. Unopposed motion to consolidate granted by December 9,
2011 Court order. Record filed January 19, 2012. Initial brief filed June 1, 2012. Final brief filed July 23,
2012. Oral Argument held November 5, 2012.


8





Name:
Northern Valley Communications, LLC v. FCC
Case No:
11-1468
Court: D.C.
Circuit
FCC Order Description:
In the Matter of: Qwest Communications Company, LLC v. Northern Valley Communications, LLC (rel.
June 7, 2011 and October 5, 2011). FCC 11-87 and 11-148.
Case Description:
In this traffic pumping case, Northern Valley challenges the Commission's decision holding that access
charges may be imposed on an IXC by a terminating CLEC only when the "end user" is a paying customer
of the LEC.
Status:
Petition for Review filed December 1, 2011. Unopposed motion to consolidate granted by December 9,
2011 Court order. This case is consolidated with Case No. 11-1467.





Name:
The Conference Group, LLC v. FCC
Case No:
12-1124
Court: D.C.
Circuit
FCC Order Description:
In the Matter of Request for Review by InterCall, Inc. of Decision of Universal Service Administrator (rel.
June 30, 2008). CC Docket No. 96-45. FCC 08-160.
Case Description:
Petitioner challenges the FCC’s determination that InterCall, Inc. and all similarly-situated audio bridging
service providers are required to contribute directly to the universal service fund.
Status:
Petition for Review filed February 29, 2012. Record filed April 16, 2012. Initial brief due December 7,
2012. Final brief due January 28, 2013.



9




Name:
inContact, Inc. v. FCC
Case No:
12-1133
Court: D.C.
Circuit
FCC Order Description:
In the Matter of: Universal Service Contribution Methodology Applications for Review of a Decision by
the Wireline Competition Bureau by inContact, Inc. (rel. Jan. 5, 2012). WC Docket 06-122. FCC 12-4.
Case Description:
inContact petitions the Court to compel the FCC to act on their June 7, 2010 application for review of a
WCB order which dismissed InContact's request for review of a decision by Universal Service
Administrative Company
Status:
Petition for Review filed March 5, 2012. Record filed 4/20/12. Initial brief filed August 8, 2012. Final
brief filed September 12, 2012. Oral Argument scheduled for December 14, 2012.





Name:
National Association of Broadcasters v. FCC & USA
Case No:
12-1225
Court: D.C.
Circuit
FCC Order Description:
Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest
Obligations; Extension of the Filing Requirement for Children’s Television Programming Report (FCC
Form 398)
Case Description:

Status:
Petition for Review filed May 21, 2012. Record filed July 9, 2012. Petitioner’s Emergency Motion for
Stay Pending Judicial Review denied by court order July 27, 2012. Initial brief due March 18, 2013. Final
brief due May 7, 2013.



10



Name:
Accipiter Communications, Inc. v. FCC & USA
Case No:
12-1258
Court: D.C.
Circuit
FCC Order Description:
In the Matter of Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and
Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support; Developing a
Unified Intercarrier Compensation Regime; Federal-State Joint Board on Universal Service; Lifeline and
Link-Up; and Universal Service Reform – Mobility Fund
Case Description:

Status:
Petition for Review filed June 13, 2012. FCC’s Motion to Dismiss and Defer Filing of the Record filed
July 30, 2012. Petitioner’s Opposition filed August 13, 2012. FCC’s Reply filed August 16, 2012.




Name:
Consumer Telcom, Inc. v. FCC & USA
Case No:
12-1301
Court: D.C.
Circuit
FCC Order Description:
In the Matter of Consumer Telcom, Inc. – Complaint Regarding Unauthorized Change of Subscriber’s
Telecommunications Carrier
Case Description:
Petitioner Consumer Telcom, Inc. (CTI), a reseller of interstate long distance services, has filed three
petitions for review challenging orders of the Consumer & Governmental Affairs Bureau that granted
complaints alleging that CTI had violated the Commission’s “anti-slamming” rules by changing
subscribers’ telecommunications carrier without authorization.
Status:
Petition for Review filed July 13, 2012. Court order of July 20, 2012 consolidated case nos. 12-1302 and
12-1303 with this case. FCC Motion to Dismiss and Defer Filing of the Record filed August 20, 2012.
Petitioner’s Motion in Support of Dismissal filed August 30, 2012. Court order of September 24, 2012
granted Motion to Dismiss.


11



Name:
Consumer Telcom, Inc. v. FCC & USA
Case No:
12-1302
Court: D.C.
Circuit
FCC Order Description:
In the Matter of Consumer Telcom, Inc. – Complaint Regarding Unauthorized Change of Subscriber’s
Telecommunications Carrier
Case Description:
Petitioner Consumer Telcom, Inc. (CTI), a reseller of interstate long distance services, has filed three
petitions for review challenging orders of the Consumer & Governmental Affairs Bureau that granted
complaints alleging that CTI had violated the Commission’s “anti-slamming” rules by changing
subscribers’ telecommunications carrier without authorization.
Status:
Petition for Review filed July 13, 2012. Court order of July 20, 2012 consolidated this case with case no.
12-1301. Dismissed by court order September 24, 2012




Name:
Consumer Telcom, Inc. v. FCC & USA
Case No:
12-1303
Court: D.C.
Circuit
FCC Order Description:
In the Matter of Consumer Telcom, Inc. – Complaint Regarding Unauthorized Change of Subscriber’s
Telecommunications Carrier
Case Description:
Petitioner Consumer Telcom, Inc. (CTI), a reseller of interstate long distance services, has filed three
petitions for review challenging orders of the Consumer & Governmental Affairs Bureau that granted
complaints alleging that CTI had violated the Commission’s “anti-slamming” rules by changing
subscribers’ telecommunications carrier without authorization.
Status:
Petition for Review filed July 13, 2012. Court order of July 20, 2012 consolidated this case with case no.
12-1301. Dismissed by court order September 24, 2012.



12





Name:
Agape Church, Inc., et al. v. FCC & USA
Case No:
12-1334
Court: D.C.
Circuit
FCC Order Description:
In the Matter of Carriage of Digital Television Broadcast Signals: Amendment to Part 76 of the
Commission’s Rules, FCC 12-59 (rel. ) CS Docket No. 98-120
Case Description:
The petitioning broadcasters seek review of an FCC rulemaking order that allowed the agency’s
“viewability rule” (which required certain cable operators to carry the signals for local over-the-air
television channels in both analog and digital format) to sunset.
Status:
Petition for Review filed July 31, 2012. Petitioner’s Joint Motion for Stay denied September 24, 2012.
Record filed September 14, 2012. Initial brief due December 26, 2012. Final brief due February 14, 2013.






Name:
Comcast Cable Communications, LLC v. FCC & USA
Case No:
12-1337
Court: D.C.
Circuit
FCC Order Description:
In the Matter of Tennis Channel, Inc., Complainant v. Comcast Cable Communications, LLC, Defendant
Case Description:

Status:
Petition for Review filed August 1, 2012. Record filed September 17, 2012. Initial brief filed November
7, 2012. Final brief filed December 3, 2012.




13





Name:
Blanca Telephone Company, et al. v. FCC & USA
Case No:
12-1365
Court: D.C.
Circuit
FCC Order Description:
In The Matter of Section 68.4(a) of the Commission’s Rules Governing Hearing Aid-Compatible
Telephones - - Petitions for Waiver of Section 20.19 of the Commission’s Rules
Case Description:
Petitioners seek review of the FCC’s denial of their requests for waiver of the September 18, 2006 deadline
to provide handsets that meet the FCC’s hearing aid compatibility standard for inductive coupling.
Status:
Petition for Review filed August 23, 2012. Initial brief due March 1, 2013. Final brief due April 5, 2013.






Name:
In re: Mobile Relay Associates
Case No:
12-1369
Court: D.C.
Circuit
FCC Order Description:

Case Description:

Status:
Petition For Writ of Mandamus filed August 27, 2012. Response filed October 15, 2012. Mandamus
dismissed by Court Order October 22, 2012.






14




Name:
U.S. v. Glenn A. Baxter
Case No:
12-1196
Court: First
Circuit
FCC Order Description:

Case Description:
Baxter, a ham radio licensee, was found to have violated several FCC rules and was assessed a forfeiture.
On the government's complaint to enforce the forfeiture, the district court entered summary judgment in
the government's favor for $10,000. Baxter now appeals that judgment.
Status:
Notice of Appeal filed February 13, 2012. USA brief filed May 21, 2012. Unpublished Judgment issued
September 10, 2012 affirming the district court judgment. Mandated issued November 2, 2012.





Name:
Michael Stephen Levinson v. FCC, et al.
Case No:
12-1511
Court: First
Circuit
FCC Order Description:

Case Description:
Petitioner is suing the FCC and a number of commercial and noncommercial stations for failing to grant
him his rights of reasonable access under the Communications Act to broadcast stations for purposes of
political candidate advertising.
Status:
Notice of Appeal filed April 26, 2012. Letter dated August 14, 2012 from AUSA to Court informing that
the United States is not a party to this appeal and will not participate in the First Circuit proceedings.





15


Name:
Time Warner Cable Inc. v. FCC
Case No:
11-4138
Court: Second
Circuit
FCC Order Description:
In the Matter of: Revision of the Commission’s Program Carriage Rules; Leased Commercial Access;
Development of Competition and Diversity in Video Programming Distribution and Carriage (rel. Aug. 1,
2011) FCC 11-119; MB Docket No. 11-131 and 07-42.
Case Description:
Time Warner contends that the Commission’s cable program carriage rules violate the First Amendment
and exceed the agency’s statutory authority
Status:
Petition for Review filed October 11, 2011. Record filed November 21, 2011. Court Order of January 6,
2012 consolidated case number 11-5152 with this case. Brief filed June 26, 2012. Oral Argument held
October 4, 2012.


Name:
Cablevision Systems Corporation and MSG Holdings, L.P. v. FCC
Case No:
11-4780
Court: Second
Circuit
FCC Order Description:
In the Matter of: Verizon Telephone Companies and Verizon Services Corp., Complainants v. Madison
Square Garden, L.P. and Cablevision Systems Corp., Defendants (rel. Nov. 10, 2011) FCC 11-167; and In
the Matter of: AT&T Services, Inc. and Southern New England Telephone Company d/b/a AT&T
Connecticut, Complainants v. Madison Square Garden, L.P. and Cablevision Systems Corp., Defendants
(rel. Nov. 10, 2011) FCC 11-168
Case Description:
Petition for review of Commission orders finding that Cablevision and Madison Square Garden, L.P.
violated Section 628(b) of the Communications Act and related Commission rules in withholding of the
high definition versions of MSG and MSG+ networks from Verizon and AT&T Services in New York and
Connecticut.
Status:
Petition for Review filed November 14, 2011. Memorandum in Support of Emergency Motion for Stay
filed November 15, 2011. FCC’s memorandum in opposition filed November 22, 2011. Motion to Stay
denied by Court order on December 14, 2011. Record filed January 11, 2012. Petitioner’s stipulation
withdrawing appeal granted by Court Order August 31, 2012. Mandate issued December 3, 2012.

16




Name:
National Cable & Telecommunications Association v. FCC
Case No:
11-5152
Court: Second
Circuit
FCC Order Description:
In the Matter of: Revision of the Commission’s Program Carriage Rules; Leased Commercial Access;
Development of Competition and Diversity in Video Programming Distribution and Carriage (rel. Aug. 1,
2011) FCC 11-119; MB Docket No. 11-131 and 07-42
Case Description:
NCTA contends that the Commission’s cable program carriage rules violate the First Amendment and
exceed the agency’s statutory authority
Status:
Petition for Review filed November 7, 2011. Per January 6, 2012 Order, this case has been consolidated
with case number 11-4138.



Name:
City of Arlington, Texas v. FCC
Case No:
10-60039
Court: Fifth
Circuit
FCC Order Description:
In the Matter of: Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure
Timely Siting Review and to Preempt Under Section 253 State and Local Ordinances that Classify all
Wireless Siting Proposals as Requiring a Variance. FCC Order No. 09-99. FCC Docket: WT 08-165
Case Description:
Petitioner challenges a declaratory ruling in which the FCC interpreted the phrase “reasonable period of
time” in 47 U.S.C. 332(c)(7)(B)(ii). That statute requires State and local governments to act on personal
wireless facility siting applications “within a reasonable period of time.”
Status:
Record filed September 21, 2010. Initial brief and record excerpts filed December 22, 2010. Oral
Argument held June 8, 2011. Petition for Review denied by January 23, 2012 Court Opinion. Petitioner
and Intervenor Petitions for Rehearing En Banc denied by Court Order on March 29, 2012. Mandate
issued April 6, 2012. Petition for Writ of Certiorari filed June 27, 2012. Government’s response filed
August 29, 2012. Certiorari granted October 5, 2012.

17



Name:
City of San Antonio, Texas v. FCC
Case No:
10-60805
Court: Fifth
Circuit
FCC Order Description:
In the Matter of: Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure
Timely Siting Review and to Preempt Under Section 253 State and Local Ordinances that Classify all
Wireless Siting Proposals as Requiring a Variance. FCC Order No. 10-144. FCC Docket: WT 08-165
Case Description:
Petitioner challenges a declaratory ruling in which the FCC interpreted the phrase “reasonable period of
time” in 47 U.S.C. 332(c)(7)(B)(ii). That statute requires State and local governments to act on personal
wireless facility siting applications “within a reasonable period of time.”
Status:
Petition for Review filed October 1, 2010. This case is associated with City of Arlington, Texas, No.
10-60039. Court opinion of January 23, 2012 dismisses petition for review because of lack of
jurisdiction. Mandate issued April 7, 2012. Petition for Writ of Certiorari filed June 27, 2012.
Government’s response filed August 29, 2012.





Name:
USA v. Raymond Frank
Case No:
11-50848
Court: Fifth
Circuit
FCC Order Description:
In the Matter of: Raymond Frank, Austin, TX (rel. Nov. 9, 2009). DA 09-2390; File No. EB-09-HU-0051
Case Description:
The U.S. seeks to enforce an FCC forfeiture order against Frank for unlicensed broadcasting.
Status:
Notice of Appeal filed September 15, 2011. Brief filed February 2, 2012. Unpublished judgment issued
September 7, 2012 affirmed district court judgment.




18





Name:
USA v. Jerry Stevens, et al.
Case No:
11-50862
Court: Fifth
Circuit
FCC Order Description:
In the Matter of Jerry and Deborah Stevens, Austin, TX (rel. Jan. 7, 2010). DA 10-15. File No. EB 09-
HU-0065
Case Description:
The U.S. seeks to enforce an FCC forfeiture order against Stevens for unlicensed broadcasting.
Status:
Notice of Appeal filed September 19, 2011. Brief filed February 2, 2012. Judgment issued August 16,
2012 affirmed district court judgment. Petition for Writ of Certiorari filed with the Supreme Court on
November 8, 2012.





Name:
Joseph M. Hill, Trustee in Bankruptcy for Lakehills Consulting, LP v. FCC
Case No:
12-60070
Court: Fifth
Circuit
FCC Order Description:
Request for Review of Decisions of the Universal Service Administrator by Joseph M. Mill Trustee in
Bankruptcy for Lakehills Consulting, LP, Schools and Libraries Universal Service Support
Case Description:
In this E-rate program case, the bankruptcy trustee for Lakehills Consulting challenges the Commission’s
order which affirmed USAC’s decision to rescind funding commitments based on violations of the
Commission’s competitive bidding rules.
Status:
Petition for Review filed January 27, 2012. Record filed March 7, 2012. Brief filed May 21, 2012.
Petition for Review denied by unpublished opinion November 6, 2012.



19




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 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.





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. UCC’s Motion for Voluntary Dismissal granted by court order August 7, 2012. Lead
case is now NCTA, No. 08-3369.





20




Name:
Michael R. Nack v. Douglas P. Walburg
Case No:
11-1460
Court: Eighth
Circuit
FCC Order Description:
None
Case Description:
The Eighth Circuit in this case invited the FCC to address whether section 64.1200(a)(3(iv) of the FCC's
rules requires a facsimile advertisement that is sent with the receipt's prior express approval to contain an
"opt out" notice.

Status:
Eighth Circuit asked FCC to file amicus brief. Amicus brief filed February 24, 2012. Oral Argument held
September 19, 2012





Name:
Ronan Telephone Company, et al. v. FCC
Case No:
05-71995
Court: Ninth
Circuit
FCC Order Description:
In re: developing a unified intercarrier compensation regime; T-Mobile, et al. Petition for declaratory
ruling regarding incumbent LEC wireless termination tariffs, 20 FCC Rcd 4855 (2005). FCC Docket No.
CC01-92. FCC Order No. 05-42.
Case Description:
Petitioners seek review of the FCC’s decision that incumbent local exchange carriers had been permitted to
file wireless termination tariffs, and adopting new rules to prohibit that practice on a prospective basis.
Status:
Petitioner’s Unopposed Motion to Vacate Briefing Schedule and to Hold in Further Abeyance denied by
March 20, 2012 Order. Brief filed July 16, 2012.



21


Name:
Minority Television Project, Inc. v. FCC
Case No:
09-17311
Court: Ninth
Circuit
FCC Order Description:
None
Case Description:
Minority Television Project is the licensee of a non-commercial educational station in San Francisco.
After the station was found to have broadcast unlawful promotional advertisements and fined $10,000, it
filed suit in district court challenging both the fine and aspects of the restrictions on promotional
advertisements on public stations. The district court dismissed part of Minority's case and granted
summary judgment in favor of the government on the remainder. Minority now seeks appellate review of
those decisions.
Status:
Government’s brief filed April 22, 2010. Oral Argument held on November 1, 2010. April 12, 2012
Opinion affirms the district court judgment in part and reverses in part. Petition for Rehearing and
Rehearing En Banc, granted by court order November 21, 2012. En Banc oral argument will be held
during the week of March 18, 2013.





Name:
Herring Broadcasting, Inc., d/b/a Wealth TV v. FCC
Case No:
11-73134
Court: Ninth
Circuit
FCC Order Description:
In the Matter of: Herring Broadcasting Inc., d/b/a WealthTV, et al., FCC 11-94. MB Docket No. 08-214.
Case Description:

Status:
Petition for Review filed October 18, 2011. Record filed November 23, 2011. Settlement assessment
teleconference held December 2, 2011. Answering brief filed April 24, 2012. Petitioner’s Motion to
Expedite Case denied by court order October 11, 2012.



22




Name:
Michael Stephen Levinson v. FCC, et al.
Case No:
12-15935
Court: Ninth
Circuit
FCC Order Description:

Case Description:
Petitioner is suing the FCC and a number of commercial and noncommercial stations for failing to grant
him his rights of reasonable access under the Communications Act to broadcast stations for purposes of
political candidate advertising.
Status:
Notice of Appeal filed April 23, 2012. Government’s brief filed September 17, 2012. Unpublished
judgment affirming the district court decision issued November 2, 2012.






Name:
Direct Communications Cedar Valley, LLC, et al. v. FCC
Case No:
11-9581
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 8, 2011. Notice of Multicircuit Petitions for Review filed December
13, 2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for
the Tenth Circuit in which to consolidate these petitions for review on December 14, 2011. This case is
consolidated with case number 11-9900.


23



Name:
Pennsylvania Public Utility Commission v. FCC
Case No:
11-9585
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 5, 2011. Notice of Multicircuit Petitions for Review filed December
13, 2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for
the Tenth Circuit in which to consolidate these petitions for review on December 14, 2011. This case is
consolidated with case number 11-9900.





Name:
Choctaw Telephone Company v. FCC
Case No:
11-9586
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 8, 2011. Notice of Multicircuit Petitions for Review filed December
13, 2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for
the Tenth Circuit in which to consolidate these petitions for review on December 14, 2011. This case is
consolidated with case number 11-9900.


24



Name:
Core Communications, Inc. v. FCC
Case No:
11-9587
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. Notice of Multicircuit Petitions for Review filed December
13, 2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for
the Tenth Circuit in which to consolidate these petitions for review on December 14, 2011. This case is
consolidated with case number 11-9900.





Name:
National Association of State Utility Consumer Advocates v. FCC
Case No:
11-9588
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 8, 2011. Notice of Multicircuit Petitions for Review filed December
13, 2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for
the Tenth Circuit in which to consolidate these petitions for review on December 14, 2011. This case is
consolidated with case number 11-9900.


25




Name:
National Telecommunications Cooperative Association v. FCC
Case No:
11-9589
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 9, 2011. Notice of Multicircuit Petitions for Review filed December
13, 2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for
the Tenth Circuit in which to consolidate these petitions for review on December 14, 2011. This case is
consolidated with case number 11-9900.




Name:
Cellular South, Inc. d/b/a C. Spire Wireless v. FCC
Case No:
11-9590
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 8, 2011. Notice of Multicircuit Petitions for Review filed December
13, 2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for
the Tenth Circuit in which to consolidate these petitions for review on December 14, 2011. This case is
consolidated with case number 11-9900.


26




Name:
AT&T Inc. v. FCC
Case No:
11-9591
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 9, 2011. Notice of Multicircuit Petitions for Review filed December
13, 2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for
the Tenth Circuit in which to consolidate these petitions for review on December 14, 2011. This case is
consolidated with case number 11-9900.




Name:
Halo Wireless, Inc. v. FCC
Case No:
11-9592
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 9, 2011. Notice of Multicircuit Petitions for Review filed December
13, 2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for
the Tenth Circuit in which to consolidate these petitions for review on December 14, 2011. This case is
consolidated with case number 11-9900.


27




Name:
Transcom Enhanced Services, Inc. v. FCC
Case No:
11-9594
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 9, 2011. Notice of Multicircuit Petitions for Review filed December
13, 2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for
the Tenth Circuit in which to consolidate these petitions for review on December 14, 2011. This case is
consolidated with case number 11-9900.





Name:
The Voice on the Net Coalition, Inc. v. FCC
Case No:
11-9595
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 23, 2011. This case is consolidated with case number 11-9900.




28




Name:
Public Utilities Commission of Ohio v. FCC
Case No:
11-9596
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 8, 2011. Notice of Multicircuit Petitions for Review filed December
13, 2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for
the Tenth Circuit in which to consolidate these petitions for review on December 14, 2011. This case is
consolidated with case number 11-9900.





Name:
tw telecom inc. v. FCC
Case No:
11-9597
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 29, 2011. This case is consolidated with case number 11-9900.




29


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. On December 14, 2011 the court consolidated case nos. 11-
9581, 9585, 9586, 9587, 9588, 9589, 9590, 9591, 9592, 9593, 9594, 9595, 9596, 9597, 12-9500, 9510,
9511, 9513 and 9514 consolidated with this case. FCC’s Motion to Hold Case in Abeyance denied July
11, 2012. Petitioner’s Motion for Stay or Writ of Mandamus denied August 13, 2012. FCC to file
fourteen (14) responsive briefs beginning February 6, 2013.




Name:
Vermont Public Service Board v. FCC
Case No:
12-9500
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 9, 2011. Notice of Multicircuit Petitions for Review filed December
13, 2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for
the Tenth Circuit in which to consolidate these petitions for review on December 14, 2011. This case is
consolidated with case number 11-9900.



30





Name:
The State Corporation Commission of the State of Kansas. v. FCC
Case No:
12-9510
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 January 27, 2012. This case is consolidated with case number 11-9900.







Name:
CenturyLink, Inc. v. FCC
Case No:
12-9511
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 January 24, 2012. Petitioner’s motion to transfer to Tenth Circuit granted by
Court Order on January 25, 2012. This case is consolidated with case number 11-9900.



31





Name:
Gila River Indian Community, et al. v. FCC
Case No:
12-9513
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 January 30, 2012. This case is consolidated with case number 11-9900.






Name:
Allband Communications Cooperative v. FCC
Case No:
12-9514
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 29, 2011. Transferred to Tenth Circuit on January 31, 2011. This case
is consolidated with case number 11-9900.



32






Name:
North County Communications Corporation v. FCC
Case No:
12-9517
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 January 24, 2012. This case is consolidated with case number 11-9900.






Name:
United States Cellular Corporation v. FCC
Case No:
12-9520
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 January 30, 2012. Case has been transferred to the 10th Circuit and consolidated
with case number 11-9900.


33






Name:
PR Wireless, Inc. v. FCC
Case No:
12-9521
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 January 30, 2012. Case has been transferred to the 10th Circuit and consolidated
with case number 11-9900.





Name:
DOCOMO Pacific, Inc. v. FCC
Case No:
12-9522
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 January 30, 2012. Case has been transferred to the 10th Circuit and consolidated
with case number 11-9900.



34






Name:
Nex-Tech Wireless, LLC and Cellular Network Partnership v. FCC
Case No:
12-9523
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 January 30, 2012. Case has been transferred to the 10th Circuit and consolidated
with case number 11-9900.






Name:
U.S. Telepacific Corp. v. FCC
Case No:
12-9524
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 January 27, 2012. Case is consolidated with case number 11-9900.



35






Name:
U.S. Telepacific Corp. v. FCC
Case No:
12-9528
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 11-189
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 January 30, 2012. Case is consolidated with case number 11-9900.






Name:
Consolidated Communications Holdings, Inc. v. FCC
Case No:
12-9530
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 January 18, 2012. Case numbers 12-1038, 12-1039, 12-1049, 12-1055, and
12-1065 have been consolidated with this case. FCC’s Motion to Transfer granted by Court order dated
March 2, 2012. This case has been transferred to the Tenth Circuit and consolidated with case number
11-9900.

36






Name:
NARUC v. FCC
Case No:
12-9531
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 January 20, 2012. Per January 24, 2012 Court Order, this case has been
consolidated with case number 12-1031. This case has been transferred to the Tenth Circuit and
consolidated with case number 11-9900.






Name:
Rural Independent Competitive Alliance v. FCC
Case No:
12-9532
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 January 24, 2012. This case has been consolidated with case number 12-1031.
This case has been transferred to the Tenth Circuit and consolidated with case number 11-9900.

37







Name:
Rural Telephone Service Company, Inc., et al. v. FCC
Case No:
12-9533
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 January 25, 2012. This case has been consolidated with case number 12-1031.
This case has been transferred to the Tenth Circuit and consolidated with case number 11-9900.





Name:
Arizona Corporation Commission v. FCC
Case No:
12-9534
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 January 27, 2012. This case has been consolidated with case number 12-1031.
This case has been transferred to the Tenth Circuit and consolidated with case number 11-9900.


38



Name:
Council Tree Investors, Inc., et al. v. FCC
Case No:
12-9543
Court: Tenth
Circuit
FCC Order Description:
In the Matter of: Waiver of Section 1.2110(b)(3)(iv)(A) of the Commission’s Rules for the Upper 700
MHz Band D Block License (rel. Nov. 15, 2007). FCC 07-197. In the Matter of: Implementation of the
Commercial Spectrum Enhancement Act and Modernization of the Commission’s Competitive Bidding
Rules and Procedures (rel. Feb. 1, 2012). WT Docket No. 05-211. FCC 12-12.
Case Description:

Status:
Petition for Review filed March 29, 2012. Record filed May 9, 2012. Brief filed July 23, 2012. Oral
Argument held November 5, 2012.



Name:
Windstream Corporation, et al. v. FCC & USA
Case No:
12-9575
Court: Tenth
Circuit
FCC Order Description:
In the Matter of Connect America Fund; A National Broadband Plan for Our Future; Establishing Just and
Reasonable Rates for Local Exchange Carriers; High-Cost Universal Service Support; Developing a
Unified Intercarrier Compensation Regime; Federal-State Joint Board on Universal Service; Lifeline and
Link-Up; and Universal Service Reform – Mobility Fund
Case Description:
Windstream, an incumbent local exchange carrier (“ILEC”), challenges the Commission’s Second Order
on Reconsideration of the USF/ICC Transformation Order, and to the extent necessary, the underlying
order. Windstream contends that the Commission acted arbitrarily and capriciously when it clarified, in
response to a request from Windstream, that originating access charges for Voice over Internet Protocol
(“VoIP”) traffic should be subject to default rates equal to interstate originating access rates under the
terms of the USF/ICC Transformation Order.
Status:
Petition for Review filed July 27, 2012. Transferred and Docketed in Tenth Circuit August 28, 2012. This
case has been consolidated with case number 11-9900. FCC brief due March 27, 2013.

39






Name:
LSSI Data Corp. v. Comcast Phone, LLC
Case No:
11-12221-EE
Court: Eleventh
Circuit
FCC Order Description:

Case Description:

Status:
Court invites FCC to file amicus brief. Brief filed June 18, 2012. Vacated and Remanded by opinion
issued September 26, 2012. Petition for Panel Rehearing filed October 16, 2012.





Name:
City of Arlington, Texas v. FCC
Case No:
11-1545
Court: Supreme
Court
FCC Order Description:

Case Description:

Status:
Petition for writ of certiorari filed June 22, 2012. Government’s opposition filed August 29, 2012.
Petition for writ of certiorari granted October 5, 2012. Government’s brief due December 19, 2012. Oral
argument scheduled for January 16, 2013.





40


Name:
Cable, Telecommunications and Technology Committee of the New Orleans City Council v. FCC
Case No:
11-1547
Court: Supreme
Court
FCC Order Description:

Case Description:

Status:
Consolidated with case number 11-1545. Petition for writ of certiorari filed June 27, 2012. Government’s
opposition filed August 29, 2012.




41

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