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Pending Appellate Cases

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Released: November 4, 2013

Updated: November 4, 2013



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.





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.



2



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.
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). Sur-reply brief filed January 4, 2013. Final briefs filed January 18, 2013. Court
order dated May 20, 2013 granted Voluntary Dismissal of Case Nos. 11-1403 and 11-1404 (MetroPCS).
Oral argument held September 9, 2013.


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.



3




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:
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; 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 filed December 21, 2012. Final brief filed February 14,
2013. Oral argument held September 27, 2013.



4




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,
FCC 12-78; MB Docket No. 10-204.
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. Oral argument held February 25, 2013. Petition for Review
granted by Opinion May 28, 2013. Tennis Channel’s Petition for Rehearing and Petition for Rehearing En
Banc denied by court order September 4, 2013. Mandate issued September 13, 2013.






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.


5

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. The FCC consented to Global Crossing’s motion to hold this case in abeyance for nine months
or until USAC completes an audit of Global Crossing’s universal service contributions, whichever occurs
sooner. The Court consented to this request on March 28, 2013.
Status:
Petition for Review filed December 19, 2012. Record filed February 4, 2013. Petitioner’s Motion to Hold
Case in Abeyance, granted by court order March 28, 2013. Petitioner to file status report 120 days from
the date of this order. Petitioner’s status report filed July 26, 2013.



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: February 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. Court Order of March 28, 2013 consolidated case number
13-1083 with this case. Record filed April 25, 2013. Initial brief due November 5, 2013. Final brief due
January 13, 2013.


6



Name:
Independent Payphone Association of New York, Inc. v. FCC & USA
Case No:
13-1083
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: February 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 27, 2013. By court order March 28, 2013, this case has been consolidated
with case number 13-1059.





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. Stipulation Regarding Record filed May 22, 2013. Motion for
Summary Reversal filed by petitioner May 24, 2013. FCC’s Response filed July 1, 2013. Petitioner’s
reply filed July 26, 2013. Order dated October 16, 2013 denied Petitioner’s Motion for Summary Reversal.
Petitioner’s Motion to Consolidate case number 13-1246 with this case filed October 29, 2013.



7




Name:
Payphone Association of Ohio v. FCC & USA
Case No:
13-1149
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: February 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 April 26, 2013. This case has been consolidated with case number 13-1059 by
court order June 6, 2013





Name:
DISH Network, LLC v. FCC & USA
Case No:
13-1182
Court:
D.C. Circuit
FCC Order Description:
In the Matter of: The Joint Petition Filed by DISH Network, LLC, The United States of America, and the
States of California, Illinois, North Carolina, and Ohio for Declaratory Ruling Concerning the Telephone
Consumer Protection Act (TCPA) Rules, FCC 13-54, CG Docket No. 11-50 (rel. May 9, 2013).
Case Description:
Petitioner challenges a Commission Declaratory Ruling holding that a seller may be vicariously liable
under federal common law agency principles for violations of the Telephone Consumer Protection Act
committed by third-party telemarketers.
Status:
Petition for Review filed May 17, 2013. Record filed July 3, 2013. FCC Final brief due November 7,
2013.



8






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 due December 10, 2013. Final brief due January 28,
2014.






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.

9


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. Appellant’s Motion for Summary Reversal filed August 6, 2013.
Court order of August 8, 2013 consolidated case number 13-1232 with this case. FCC’s Motion to Dismiss
and Response to Motion for Summary Reversal filed August 29, 2013. Record filed September 19, 2013.
FCC’s Reply in Support of Motion to Dismiss filed September 23, 2013. Order dated October 2, 2013
denied Appellant’s Motion for Summary Reversal. FCC Final brief due December 23, 2013.




Name:
Spectrum Five LLC v. FCC & USA
Case No:
13-1232
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:
Petition for Review filed August 2, 2013. Court order of August 8, 2013 consolidated this case with case
number 13-1231.

10

Name:
Sorenson Communications, Inc., et al. v. FCC & USA
Case No:
13-1246
Court:
D.C. Circuit
FCC Order Description:
In the Matter of: Misuse of Internet Protocol (IP) Captioned Telephone Service - - Telecommunications
Rely Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, FCC
13-118; CG Docket Nos. 03-123 and 13-24
Case Description:
Petitioners challenge a Commission report and order that adopted permanent rules governing IP CTS
(Internet Protocol Captioned Telephone Service).
Status:
Petition for Review filed September 6, 2013. Stipulation Regarding Certified List of Items in Record filed
September 30, 2013. Petitioner’s Motion for Judicial Stay filed October 1, 2013. FCC Opposition filed
November 1, 2013. Petitioner’s Motion to Consolidate this case with case number 13-1122 filed October
29, 2013.


Name:
Comcast Cable Communications, LLC. v. FCC & USA
Case No:
13-1266
Court:
D.C. Circuit
FCC Order Description:
In the Matter of: Bloomberg, LP, Complainant v. Comcast Cable Communications, LLC, Defendant. FCC
13-124; MB Docket No. 11-104
Case Description:
Comcast Cable and Bloomberg seek review of an FCC order affirming staff decisions partially granting
Bloomberg’s complaint for enforcement of a condition to the FCC’s approval of Comcast’s merger with
NBC Universal. That condition requires Comcast to carry all independent news and business news
channels in a neighborhood if it places any such programming in a neighborhood of similar programming.
The Commission held that a grouping of four news or business news channels within any five adjacent
channel positions qualifies as a news neighborhood, whether or not that channel grouping existed at the
time of the merger.
Status:
Petition for Review filed October 7, 2013. Notice of Multicircuit Petitions for Review filed October 15,
2013. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the
Second Circuit in which to consolidate these petitions for review on October 16, 2013. This case is
consolidated with case number 13-3788 (2nd Cir.).

11





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. Procedural motions due November 22, 2013. Record and
Dispositive motions due December 9, 2013.





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 due November 25, 2013.



12




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. Petitions denied in part and granted in part, FCC order vacated in part by Opinion
September 4, 2013.





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. Court order of January 6, 2012 consolidated this case with
case number 11-4138.

13




Name:
Bloomberg, LP. v. FCC & USA
Case No:
13-3788
Court:
Second Circuit
FCC Order Description:
In the Matter of: Bloomberg, LP, Complainant v. Comcast Cable Communications, LLC, Defendant. FCC
13-124; MB Docket No. 11-104
Case Description:
Bloomberg and Comcast Cable seek review of an FCC order affirming staff decisions partially granting
Bloomberg’s complaint for enforcement of a condition to the FCC’s approval of Comcast’s merger with
NBC Universal. That condition requires Comcast to carry all independent news and business news
channels in a neighborhood if it places any such programming in a neighborhood of similar programming.
The Commission held that a grouping of four news or business news channels within any five adjacent
channel positions qualifies as a news neighborhood, whether or not that channel grouping existed at the
time of the merger.
Status:
Petition for Review filed October 7, 2013. Pre-Argument Conference scheduled for December 6, 2013.




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.


14




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:
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. Oral argument held May 7, 2013. Petition for Review
granted in part by unpublished decision August 21, 2013. Mandate issued October 17, 2013.




15

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 held March 19,
2013.



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.



16


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.




17


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.




18


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.




19


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.




20


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.






21


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.






22

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 filed thirteen (13) responsive briefs in February -
March 2013. FCC Final briefs filed July 24 and July 29, 2013. Oral argument scheduled for November 19,
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.




23




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.





24



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.





25


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.







26


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.





27


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.





28


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.





29


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.






30




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.



31

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.


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. Initial brief filed March 27, 2013. Final brief filed
July 29, 2013. Oral argument scheduled for November 19, 2013.


32

Name:

National Telecommunications Cooperative Ass’n v. FCC & USA

Case No:

13-9587

Court:

Tenth Circuit

FCC Order

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

Description:

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.



33

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