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Pending Appellate Cases

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Released: June 12, 2014
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Updated: June 10, 2014

LIST OF PENDING APPELLATE CASES

Name:

Ion Media Chicago License, Inc. v. FCC

Case No:

01-1457

Court:

District of Columbia Circuit

FCC Order Description:

In re: Paxson Chicago License, Inc. v. 21st Century TV Cable, Inc., et al., DA 01-149, 16 FCC Rcd 2185

and Paxson Chicago License, Inc. v. 21st Century TV Cable, Inc., et al., 16 FCC Rcd 15571 (2001). Not

docketed. FCC Order No. 01-226

Case Description:

Paxson challenges the FCC’s denial of its “must carry” complaints against thirteen Chicago cable operators

on the basis of a finding that no current FCC rules require mandatory carriage of both a broadcaster’s

digital and analog signal among other things.

Status:

Held in abeyance.

Name:

James A. Kay, Jr., et al. v. FCC

Case No:

06-1076

Court:

District of Columbia Circuit

FCC Order Description:

In re: improving public safety communications in the 800 MHz band, 22 FCC Rcd 10467 (2007) and

previous underlying orders, FCC Docket No. WT 02-55, et al. FCC Order No. 05-174, et al.

Case Description:

Petitioners challenge the FCC’s decisions restructuring the 800 MHz band to reduce radiofrequency

interference to public safety systems. Among other things, they claim that the decisions unfairly

discriminate between similarly situated parties.

Status:

Held in abeyance. Petitioner Preferred Communications (No. 06-1079) Motion for Voluntary Dismissal

granted May 6, 2014 (Mandate).

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Name:

Sprint Nextel Corporation v. FCC

Case No:

06-1278

Court:

District of Columbia Circuit

FCC Order Description:

In re: review of the spectrum sharing plan among non-geostationary satellite orbit mobile satellite service

systems in the 1.6/2.4 GHz bands, 19 FCC Rcd 13356 (2004), et al., FCC Docket No. WT 03-66, et al.

FCC Order No. 04-134 and 06-46.

Case Description:

Petitioner seeks review of the FCC’s orders in which the FCC adopted a plan for spectrum sharing among

operators in the 2495-2690 MHz bands.

Status:

Held in abeyance.

Name:

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 07-211; MB Docket No. 07-119.

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. Stipulation of Voluntary Dismissal of Appellants Samuel Zell, et al. (No. 07-1489)

granted by court order April 30, 2014.

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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), FCC 12-44; MM Docket Nos. 00-44 and 00-168.

Case Description:

Petitioner challenges a Commission report and order that adopted FCC rules requiring that television

stations post public files on FCC hosted website.

Status:

Held in abeyance.

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, FCC 08-07 and 12-89;

WT Docket No. 01-309.

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 filed March 1, 2013. Final brief filed April 5,

2013. Oral argument held September 20, 2013. Petition for Review denied by Opinion February 28, 2014.

Petition for Rehearing denied April 18, 2014. Mandate issued April 29, 2014.

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Name:

Global Crossing Bandwidth, Inc. v. FCC & USA

Case No:

12-1482

Court:

D.C. Circuit

FCC Order Description:

In the Matter of Universal Service Contribution Methodology

Case Description:

Global Crossing challenges Universal Service Contribution Methodology, FCC 12-134, WC Docket No.

06-122 (rel. Nov. 5, 2012). In that Order, the FCC affirmed certain aspects of its universal service

contribution methodology – specifically, the contribution obligations of a wholesale carrier. The FCC also

provided guidance on the type and quality of evidence that the Universal Service Administrative Company

(“USAC”) should use in evaluating a wholesale carrier’s claim that it should not be held responsible for

making universal service contributions based on revenues from providing service to reseller customers.

Status:

Court order March 7, 2014 continued to hold case in abeyance and ordered parties to file motions to govern

further proceedings by September 2, 2014.

Name:

Illinois Public Telecommunications Association v. FCC & USA

Case No:

13-1059

Court:

D.C. Circuit

FCC Order Description:

In re: Implementation of the Pay Telephone Reclassification and Compensation Provisions of the

Telecommunications Act of 1996, FCC 13-24, CC Docket No. 96-128 (rel: Feb. 27, 2013)

Case Description:

This case challenges the Commission’s decision not to preempt the decisions of several state regulatory

agencies that declined to order refunds of charges collected by LECs from payphone service providers.

Status:

Petition for Review filed March 8, 2013. Case numbers 13-1083 & 13-1149 consolidated with this case.

Record filed April 25, 2013. Initial brief filed November 5, 2013. Final brief filed January 28, 2014. Oral

argument held April 4, 2014.

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Name:

Sorenson Communications Inc., et al. v. FCC & USA

Case No:

13-1122

Court:

D.C. Circuit

FCC Order Description:

Misuse of Internet Protocol (IP) Captioned Telephone Service; Telecommunications Relay Services and

Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, FCC 13-13, GC Docket

Nos. 13-24 and 03-123 (rel. January 25, 2013)

Case Description:

Petitioners challenge a Commission report and order that adopted interim rules governing IP CTS (Internet

Protocol Captioned Telephone Service)

Status:

Petition for Review filed April 8, 2013. Petitioner’s Motion for Summary Reversal denied by court order

October 16, 2013. By court order December 6, 2013, case number 13-1246 was consolidated with this

case and the court granted in part & denied in part the motion for stay filed in case number 13-1246. Initial

brief filed February 5, 2014. Final brief filed March 13, 2014. Oral argument held May 13, 2014.

Name:

Sorenson Communications, Inc. v. FCC & USA

Case No:

13-1215

Court:

D.C. Circuit

FCC Order Description:

In the Matter of: Structure and Practices of the Video Relay Service Program - - Telecommunications

Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, FCC

13-82; CG Docket Nos. 03-123 and 10-51.

Case Description:

Petitioner challenges a Commission report and order that adopted rules to reform VRS (Video Relay

Service).

Status:

Petition for Review filed July 11, 2013. Initial brief filed December 20, 2013. Final brief filed January 28,

2014. Oral argument held March 17, 2014.

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Name:

Verizon and AT&T, Inc. v. FCC & USA

Case No:

13-1220

Court:

D.C. Circuit

FCC Order Description:

In the Matter of: Petition of USTelecom for Forbearance Under 47 U.S.C. 160(c) from Enforcement of

Certain Legacy Telecommunications Regulation, FCC 13-69; WC Docket No. 12-61.

Case Description:

Verizon and AT&T seek review of the FCC’s order denying in part a petition filed by US Telecomm

asking for forbearance from a number of rules, including the Part 32 Uniform System of Accounts for price

cap carriers.

Status:

Petition for Review filed July 15, 2013. Record filed August 30, 2013. Initial brief filed February 19,

2014. Final brief filed April 2, 2014.

Name:

Spectrum Five LLC v. FCC

Case No:

13-1231

Court:

D.C. Circuit

FCC Order Description:

In the Matter of: EchoStar Satellite Operating Company – Application for Special Temporary Authority

Related to Moving the EchoStar 6 Satellite from the 77º W.L. Orbital Location to the 96.2º W.L. Orbital

Location, and to Operate at the 96.2º W.L. Orbital Location, FCC 13-93 (released July 9, 2013) and DA

13-593 (released April 1, 2013)

Case Description:

Spectrum Five challenges the FCC’s decision to grant EchoStar’s request for Special Temporary Authority

to relocate one of EchoStar’s satellites to another orbital location.

Status:

Notice of Appeal filed August 2, 2013. Record filed September 19, 2013. Order dated October 2, 2013

denied Appellant’s Motion for Summary Reversal. FCC Final brief filed December 23, 2013. Oral

argument held March 11, 2014.

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Name:

Sky Television, LLC. v. FCC & USA

Case No:

13-1270

Court:

D.C. Circuit

FCC Order Description:

In the Matter of: Assessment and Collection of Regulatory Fees for Fiscal Year 2013; Procedures for

Assessment and Collection of Regulatory Fees; and Assessment and Collection of Regulatory Fees for

Fiscal Year 2008, FCC 13-110; MD Docket Nos. 08-65, 12-201 and 13-140.

Case Description:

Sky Television challenges the Commission’s decision to postpone, until fiscal year 2014, the effective date

of its combination of regulatory fees for same-market VHF and UHF digital television stations into a single

category, as set forth in Assessment and Collection of Regulatory Fees for Fiscal Year 2013, Procedures

for Assessment and Collection of Regulatory Fees, Assessment and Collection of Regulatory Fees for

Fiscal Year 2008, 28 FCC Rcd 12351 (2013).

Status:

Petition for Review filed October 22, 2013. Record filed December 9, 2013. Initial brief filed March 31,

2014. Final brief filed May 5, 2014.

Name:

Securus Technologies, Inc., et al. v. FCC & USA

Case No:

13-1280

Court:

D.C. Circuit

FCC Order Description:

In the Matter of: Rates for Interstate Inmate Calling Services, FCC 13-113 (rel: September 26, 2013), WC

Docket No. 12-375

Case Description:

In the order on review, the Commission required that end user rates for payphone calls placed from

incarceration facilities, known as Inmate Calling Services, be based on the costs of providing service. As

an interim measure to bring rates closer to costs pending receipt of additional information on which to base

a permanent regime, the agency established a two-tiered rate cap pricing system that includes a “safe

harbor” rate and a higher hard cap that no carrier may exceed without a waiver.

Status:

Petition for Review filed November 14, 2013. Record filed December 30, 2013. Court order January 13,

2014 granted in part & denied in part petitioners’ motions for judicial stay. Motion of Petitioner PayTel

Comm. (No. 14-1003) to Voluntary Dismiss its Petition for Review granted by court order April 3, 2014.

Initial brief due July 21, 2014. Final brief due October 6, 2014.

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Name:

Mary V. Harris Foundation v. FCC

Case No:

13-1304

Court:

D.C. Circuit

FCC Order Description:

In the Matter of: Holy Family Communications, Inc. – For a New Noncommercial FM Station at

Lancaster, New York, FCC 13-41 (rel: April 2, 2013)

Case Description:

An appeal involving the grant of a construction permit for a new noncommercial educational FM broadcast

station in western NY. Appellant primarily argues that the Media Bureau was unreasonable in not granting

the Foundation a dispositive “fair distribution preference” where the station would be close to, but under,

the threshold set out in the rules for that preference.

Status:

Appeal filed December 13, 2013. Record filed January 30, 2014. Initial brief filed April 30, 2014. Final

brief due June 19, 2014.

Name:

Alpine PCS, Inc. v. FCC

Case No:

13-5205

Court:

D.C. Circuit

FCC Order Description:

No FCC Order

Case Description:

Appeal from a June 3, 2013 district court order in which the court dismissed Alpine’s claims.

Status:

Appeal filed July 10, 2013. Government’s brief filed November 25, 2013. Court order April 1, 2014

ordered that the court will dispose of the appeal without oral argument. Unpublished Judgment April 25,

2014 affirmed district court’s order entered on June 3, 2013.

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Name:

In re: Patrick M. Sullivan

Case No:

14-1025

Court:

D.C. Circuit

FCC Order Description:

No FCC Order

Case Description:

Status:

Petition for A Writ of Mandamus filed February 21, 2014. FCC Response filed May 29, 2014.

Name:

David Alan Schum v. FCC & USA

Case No:

14-1026

Court:

D.C. Circuit

FCC Order Description:

In re Applications of DFW Radio License, LLC and Bernard Dallas, LLC and Principle Broadcasting

Network Dallas, LLC for Assignment of the Authorizations of Stations KFCD(AM), Farmersville, Texas

and KHSE(AM), Wylie, Texas, FCC 14-3 (rel: January 22, 2014)

Case Description:

Schum contends that the Commission acted unlawfully in dismissing and otherwise denying his

applications for review of the Media Bureau’s consent to the assignment of two radio station licenses from

DFW Radio to Bernard Dallas, and then from Bernard Dallas to Principle Broadcasting. Schum asks the

Court to vacate or reverse the Commission’s Order and to return the licenses to DFW Radio, or

alternatively, require the FCC to investigate and conduct a hearing on the assignees’ qualifications to be a

Commission licensee.

Status:

Petition for Review filed February 21, 2014. Case No. 14-1027 consolidated with this case. Procedural

motions due July 7, 2014. Record/Dispositive motions due July 21, 2014.

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Name:

David Alan Schum v. FCC

Case No:

14-1027

Court:

D.C. Circuit

FCC Order Description:

In re Applications of DFW Radio License, LLC and Bernard Dallas, LLC and Principle Broadcasting

Network Dallas, LLC for Assignment of the Authorizations of Stations KFCD(AM), Farmersville, Texas

and KHSE(AM), Wylie, Texas, FCC 14-3 (rel: January 22, 2014)

Case Description:

Schum contends that the Commission acted unlawfully in dismissing and otherwise denying his

applications for review of the Media Bureau’s consent to the assignment of two radio station licenses from

DFW Radio to Bernard Dallas, and then from Bernard Dallas to Principle Broadcasting. Schum asks the

Court to vacate or reverse the Commission’s Order and to return the licenses to DFW Radio, or

alternatively, require the FCC to investigate and conduct a hearing on the assignees’ qualifications to be a

Commission licensee.

Status:

Notice of Appeal filed February 21, 2014. Consolidated with case number 14-1026.

Name:

In re: Diogenes Telecommunications Project

Case No:

14-1038

Court:

D.C. Circuit

FCC Order Description:

In the Matter of Applications of T-Mobile License LLC, AT&T Mobility Spectrum LLC and New

Cingular Wireless PCS, LLC for Consent To Assign AWS-1 Licenses, DA 12-615, WT Docket No. 12-21

(rel: April 18, 2012)

Case Description:

Diogenes Telecommunications Project filed a petition for writ of mandamus requesting the Court to

compel the Commission to act upon its applications for review of two staff orders: (1) the Wireless

Telecommunications Bureau’s decision, issued on May 1, 2012, to dismiss Diogenes’ Petition to Deny the

transfer of control of certain licenses from AT&T to T-Mobile, and (2) the Enforcement Bureau’s decision,

issued on May 7, 2013, adopting a consent decree terminating the Bureau’s investigation into AT&T’s

compliance with section 225 of the Communications Act.

Status:

Petition for a Writ of Mandamus filed March 27, 2014. Diogenes’ Motion to Dismiss granted by court

order June 10, 2014.

10

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Name:

FiberTower Spectrum Holdings, LLC v. FCC

Case No:

14-1039

Court:

D.C. Circuit

FCC Order Description:

In the Matter of FiberTower Spectrum Holdings LLC – Requests for Waiver, Extension of Time, or in the

alternative, Limited Waiver of Substantial Service Requirements, etc., FCC 14-18 (rel: February 27, 2014)

Case Description:

FiberTower, which holds several wireless licenses, challenges a Commission order affirming a Wireless

Telecommunications Bureau (WTB) decision holding that FiberTower failed to demonstrate compliance

with the “substantial service requirements” in the Commission’s rules, as well as WTB’s denial of an

extension of time to demonstrate substantial service.

Status:

Notice of Appeal filed March 28, 2014. Record filed May 19, 2014. Initial brief due September 12, 2014.

Final brief due October 17, 2014.

Name:

Signal Above, L.L.C. v. FCC & USA

Case No:

14-1069

Court:

D.C. Circuit

FCC Order Description:

In the Matter of Amendment of Parts 73 and 74 of the Commission’s Rules to Establish Rules for Digital

Low Power Television, Television Translator, and Television Booster Stations and to Amend Rules for

Digital Class A Television Stations, FCC 13-126, MM Dkt. No. 03-185 (rel: Sept. 27, 2013)

Case Description:

Signal Above seeks review of the FCC’s denial of its petition requesting reconsideration of the agency’s

earlier decision not to extend the Sept. 1, 2015 digital transition deadline for low power television stations.

Status:

Petition for Review filed May 5, 2014. Joint Motion to Hold Case in Abeyance granted by court order

June 10, 2014. FCC is directed to file status reports at 90-day intervals beginning September 8, 2014.

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Name:

National Association of Broadcasters v. FCC & USA

Case No:

14-1072

Court:

D.C. Circuit

FCC Order Description:

Public Notice, DA 14-330 - - Processing Of Broadcast Television Applications Proposing Sharing

Arrangements And Contingent Interests (rel: March 12, 2014)

Case Description:

Status:

Petition for Review filed May 12, 2014. FCC’s Motion to Dismiss filed May 30, 2014. Procedural

motions due June 11, 2014. Record/Dispositive motions due June 26, 2014.

Name:

Percy Squire v. FCC

Case No:

14-1077

Court:

D.C. Circuit

FCC Order Description:

In the Matter of Bernard Ohio (Assignor); Educational Media Foundation (Assignee) – Application for

Assignment of License for: WYLR(FM), Hubbard, Ohio; Applications for Renewal of Licenses for:

WVKO(AM), Columbus, Ohio; WVKO(FM), Johnstown, Ohio; WASN(AM), Youngstown, Ohio;

WYLR(FM), Hubbard, Ohio; and WGFT(AM), Campbell, Ohio, FCC 14-44 (rel: April 17, 2014)

Case Description:

Appeal of a Commission decision approving the assignment of four Ohio radio licenses by an entity

alleged to have violated 47 U.S.C. 310 by using foreign capital to finance its acquisition of the licenses.

Status:

Notice of Appeal filed May 14, 2014. Procedural motions due June 23, 2014. Record/Dispositive motions

due July 7, 2014.

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Name:

Sinclair Broadcast Group, Inc. v. FCC & USA

Case No:

14-1088

Court:

D.C. Circuit

FCC Order Description:

In the Matter of: Amendment of the Commission’s Rules Related to Retransmission Consent, FCC 14-29

(rel: Mar. 31, 2014)

Case Description:

Status:

Petition for Review filed May 29, 2014. Procedural motions due July 2, 2014. Record/Dispositive

motions due July 17, 2014.

Name:

Howard Stirk Holdings, LLC v. FCC & USA

Case No:

14-1090

Court:

D.C. Circuit

FCC Order Description:

In the Matter of: 2010 and 2014 Quadrennial Regulatory Review – Review of the Commission’s Broadcast

Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of

1996; Promoting Diversification of Ownership in the Broadcast Services; and Rules and Policies

Concerning Attribution of Joint Sales Agreements in Local Television Markets, FCC 14-28 (rel: April 15,

2104)

Case Description:

Petitioners challenge the FCC’s new rule under which certain joint sales agreements between TV stations

in the same market create an attributable interest for purposes of assessing compliance with the

Commission’s media ownership limits. Petitioners also challenge the agency’s decision to defer resolution

of certain issues concerning its media ownership rules until it updates the record in the Quadrennial

Review proceeding.

Status:

Petition for Review filed May 30, 2014. Case Nos. 14-1091, 14-1092 and 14-2814 (3rd Cir.) consolidated

with this case. Procedural motions due June 30, 2014. Record/Dispositive motions due July 14, 2014.

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Name:

Nexstar Broadcasting, Inc. v. FCC & USA

Case No:

14-1091

Court:

D.C. Circuit

FCC Order Description:

In the Matter of: 2010 and 2014 Quadrennial Regulatory Review – Review of the Commission’s Broadcast

Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of

1996; Promoting Diversification of Ownership in the Broadcast Services; and Rules and Policies

Concerning Attribution of Joint Sales Agreements in Local Television Markets, FCC 14-28 (rel: April 15,

2104)

Case Description:

Petitioners challenge the FCC’s new rule under which certain joint sales agreements between TV stations

in the same market create an attributable interest for purposes of assessing compliance with the

Commission’s media ownership limits. Petitioners also challenge the agency’s decision to defer resolution

of certain issues concerning its media ownership rules until it updates the record in the Quadrennial

Review proceeding.

Status:

Petition for Review filed May 30, 2014. Consolidated with Case No. 14-1090.

Name:

National Association of Broadcasters v. FCC & USA

Case No:

14-1092

Court:

D.C. Circuit

FCC Order Description:

In the Matter of: 2010 and 2014 Quadrennial Regulatory Review – Review of the Commission’s Broadcast

Ownership Rules and Other Rules Adopted Pursuant to Section 202 of the Telecommunications Act of

1996; Promoting Diversification of Ownership in the Broadcast Services; and Rules and Policies

Concerning Attribution of Joint Sales Agreements in Local Television Markets, FCC 14-28 (rel: April 15,

2104)

Case Description:

Petitioners challenge the FCC’s new rule under which certain joint sales agreements between TV stations

in the same market create an attributable interest for purposes of assessing compliance with the

Commission’s media ownership limits. Petitioners also challenge the agency’s decision to defer resolution

of certain issues concerning its media ownership rules until it updates the record in the Quadrennial

Review proceeding.

Status:

Petition for Review filed May 30, 2014. Consolidated with Case No. 14-1090.

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Name:

Prometheus Radio Project v. FCC & USA

Case No:

14-2814

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; Promoting Diversification of Ownership in the Broadcast Services; and Rules and Policies

Concerning Attribution of Joint Sales Agreements in Local Television Markets, FCC 14-28 (rel: April 15,

2104)

Case Description:

Petitioners challenge the FCC’s new rule under which certain joint sales agreements between TV stations

in the same market create an attributable interest for purposes of assessing compliance with the

Commission’s media ownership limits. Petitioners also challenge the agency’s decision to defer resolution

of certain issues concerning its media ownership rules until it updates the record in the Quadrennial

Review proceeding.

Status:

Petition for Review filed May 22, 2014. Transferred to D.C. Circuit and consolidated with Case No. 14-

1090.

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.

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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:

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:

En Banc opinion issued December 2, 2013 affirmed district court opinion in its entirety and upheld the

constitutionality of section 399B of the Communications Act. Mandate issued January 27, 2014. Petition

for Certiorari filed March 17, 2014. Government’s response filed May 19, 2014.

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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. Thirty-One (31) additional petitions for review have been

consolidated with this lead case. FCC filed thirteen (13) responsive briefs in February - March 2013. FCC

Final briefs filed July 24 and July 29, 2013. Oral argument held November 19, 2013. All petitions for

review denied by Opinion May 23, 2013.

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:

Petitioners seek to rescind the 700 MHz spectrum license auction (Auction 73) by challenging FCC orders

granting a limited waiver of one designated entity eligibility rule in connection with that auction.

Status:

Petition for Review filed March 29, 2012. Record filed May 9, 2012. Brief filed July 23, 2012. Oral

argument held November 5, 2012. Petition for Review dismissed in part and denied in part by Opinion

January 3, 2014. Petition for Rehearing and Rehearing En Banc denied by court order March 4, 2014.

Mandate issued March 12, 2014.

17

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Name:

National Telecommunications Cooperative Ass’n v. FCC & USA

Case No:

13-9587

Court:

Tenth Circuit

FCC Order

Description:

In the Matter of: Connect America Fund; High-Cost Universal Service Support, WC Docket Nos. 10-90 &

05-337, DA 12-646, (rel. April 25, 2012), and FCC 13-16 (rel. Feb. 27, 2013)

Case Description:

Petitioner challenges the Sixth Order on Reconsideration in the Commission’s Connect America Fund

proceeding.

Status:

Petition for Review filed May 20, 2013. Court order dated August 28, 2013, transferred this case from the

Fourth Circuit (No. 13-1661) to the Tenth Circuit. Docketed in Tenth Circuit under Case No. 13-9587 on

August 29, 2013. Court order September 10, 2013 held this case in abeyance pending the outcome of In

Re: FCC 11-161, case number 11-9900.

Name:

Accipiter Communications, Inc. v. FCC & USA

Case No:

13-9590

Court:

Tenth Circuit

FCC Order Description:

In the Matter of: Connect America Fund; High-Cost Universal Service Support, WC Docket Nos. 10-90 &

05-337, FCC 11-161 (rel. Nov. 18, 2011), and FCC 13-16 (rel. Feb. 27, 2013)

Case Description:

Petitioner challenges the Sixth Order on Reconsideration in the Commission’s Connect America Fund

proceeding.

Status:

Petition for Review filed May 20, 2013. FCC’s Motion to Transfer (to 10th Circuit) filed June 6, 2013.

Court order dated August 26, 2013 transferred this case from the Ninth Circuit (No. 13-71760) to the Tenth

Circuit. Docketed in Tenth Circuit under Case No. 13-9590 on September 5, 2013. Petitioner’s Motion to

Establish Briefing Schedule filed September 17, 2013. FCC’s response and Motion to Hold in Abeyance

filed September 26, 2013. Petitioner’s reply filed October 9, 2013. Court order dated October 10, 2013

denied Motion to Establish Briefing Schedule and held case in abeyance pending outcome of In Re: FCC

11-161, case number 11-9900.

18

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