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Pending Appellate Cases

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Released: April 11, 2014

Updated: April 8, 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.





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 filed March 7, 2014.




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.
December 8, 2011 order consolidates case numbers 11-1356, 11-1403, 11-1404, and 11-1411 with lead
case number 11-1355. 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. Vacated in part & Remand by
Opinion January 14, 2014. Mandate issued March 11, 2014.




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.



3




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.




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.


4



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. 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.





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 scheduled for May 13, 2014.


5





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 filed November 7,
2013. Oral argument held January 13, 2014. Petition for Review dismissed by unpublished Judgment
January 22, 2014. Mandate issued March 19, 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.

6




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.

7

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 due 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. Case numbers 13-1281, 13-1291, 13-1300 & 14-1006
consolidated with this case. Record filed December 30, 2013. Court order January 13, 2014 granted in
part & denied in part petitioners’ motions for judicial stay. Joint Proposed Briefing Format filed February
12, 2014. Motion of Petitioner (PayTel Comm., No. 14-1003) to Voluntary Dismiss its Petition for Review
granted by court order April 3, 2014.

8





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 due 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.




9




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





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.




10



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.





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:

Status:
Petition for Issues of Writ of Mandamus filed March 27, 2014.



11





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:

Status:
Notice of Appeal filed March 28, 2014. Procedural motions due May 2, 2014. Record/Dispositive
motions due May 19, 2014.







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.



12





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.

13




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.




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.

14



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.


15

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