Updated: August 7, 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. 2 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 Docket No. MB 07-119. FCC Order No. 07-211. Case Description: Appellants challenge the FCC’s denial of their request for a waiver in selected markets of the FCC’s “newspaper/broadcast cross-ownership rule,” which prohibits common ownership of a daily newspaper and a broadcast station in the same market. Status: Held in abeyance. 3 Name: National Association of State Utility Consumer Advocates v. FCC Case No: 08-1226 Court: District of Columbia Circuit FCC Order Description: In re: petition of AT&T Inc. for forbearance from enforcement of certain of the FCC’s cost assignment rules, MO&O, 23 FCC Rcd 7302 (2008). FCC Docket No. 07-21, 05-342. FCC Order No. 08-120 Case Description: NASUCA challenges the FCC’s AT&T Cost Allocation Forbearance Order in which the FCC forbears from applying certain “cost assignment” rules to AT&T (e.g., re: Section 32.23-nonregulated activities; Section 32.27-transactions with affiliates). Status: Held in abeyance. Name: Iridium Satellite LLC v. FCC Case No: 08-1374 Court: District of Columbia Circuit FCC Order Description: In re: Globalstar Licensee LLC; application for modification of license for operation of ancillary terrestrial component facilities, 2008 WL 4774967 (rel. October 21, 2008). FCC Docket No. SAT-MOD- 20080516ETC. FCC Order No. 08-254. Case Description: Petitioner challenges FCC order that modifies Globalstar’s license in order to permit the use of WiMAX air interface protocol, and provide an interim waiver of certain ancillary terrestrial component (“ATC”) gating criteria and technical rules. Status: Held in abeyance. Petitioner’s Motion for Voluntary Dismissal granted by court order August 1, 2013. 4 Name: American Electric Power Service Corp., et al. v. FCC Case No: 11-1146 Court: D.C. Cir. FCC Order Description: Report and Order and Order on Reconsideration – A National Broadband Plan for Our Future Case Description: Several utility companies challenge the pole attachment rules adopted in Implementation of Section 224 of the Act. Status: Petition for Review filed May 18, 2011. Petitioner’s Motion to Stay denied by August 5, 2011 Order. FCC’s Motion to Hold Case in Abeyance and to Defer Filing of the Record denied by September 16, 2011 Order. Record filed September 19, 2011. Initial brief filed February 17, 2012. Final brief filed April 3, 2012. Oral argument held January 23, 2013. Petition for Review denied by Opinion February 26, 2013. Mandate issued April 25, 2013. Petition for Writ of Certiorari filed May 24, 2013. Government’s brief in opposition filed July 29, 2013. Name: Verizon v. FCC Case No: 11-1355 Court: D.C. Cir. FCC Order Description: In the Matter of: Preserving the Open Internet; Broadband Industry Practices (rel. Dec. 23, 2010) FCC 10-201; GN Docket No. 09-191; WC Docket No. 07-52.C. Cir. Case Description: Verizon challenges the Commission's implementation of rules safeguarding the openness of the Internet. Status: Notice of Appeal filed September 30, 2011. Notice of Multicircuit Petitions for Review filed October 5, 2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the District of Columbia Circuit in which to consolidate these petitions for review on October 6, 2011. Initial brief filed September 10, 2012. Court order dated July 3, 2012 granted Voluntary Dismissal of Case No. 11-1411 (Free Press). 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 scheduled for September 9, 2013. 5 Name: Verizon v. FCC Case No: 11-1356 Court: D.C. Cir. FCC Order Description: In the Matter of: Preserving the Open Internet; Broadband Industry Practices (rel. Dec. 23, 2010) FCC 10-201; GN Docket No. 09-191; WC Docket No. 07-52 Case Description: Verizon challenges the Commission's implementation of rules safeguarding the openness of the Internet. Status: Petition for Review filed September 30, 2011. Notice of Multicircuit Petitions for Review filed October 5, 2011. The Judicial Panel on Multidistrict Litigation randomly selected the U.S. Court of Appeals for the District of Columbia Circuit in which to consolidate these petitions for review on October 6, 2011. December 8, 2011 order consolidates case numbers 11-1356, 11-1403, 11-1404, and 11-1411 with lead case number 11-1355. Name: Northern Valley Communications, LLC v. FCC Case No: 11-1467 Court: D.C. Circuit FCC Order Description: In the Matter of: Sprint Communications Company L.P. v. Northern Valley Communications, LLC (rel. July 18, 2011 and November 14, 2011). FCC 11-111 and 11-170. Case Description: In this traffic pumping case, Northern Valley challenges the Commission's decision holding that access charges may be imposed on an IXC by a terminating CLEC only when the "end user" is a paying customer of the LEC. Status: Petition for Review filed December 1, 2011. Unopposed motion to consolidate granted by December 9, 2011 Court order. Record filed January 19, 2012. Initial brief filed June 1, 2012. Final brief filed July 23, 2012. Oral argument held November 5, 2012. Petitions for Review denied by Opinion June 7, 2013. 6 Name: Northern Valley Communications, LLC v. FCC Case No: 11-1468 Court: D.C. Circuit FCC Order Description: In the Matter of: Qwest Communications Company, LLC v. Northern Valley Communications, LLC (rel. June 7, 2011 and October 5, 2011). FCC 11-87 and 11-148. Case Description: In this traffic pumping case, Northern Valley challenges the Commission's decision holding that access charges may be imposed on an IXC by a terminating CLEC only when the "end user" is a paying customer of the LEC. Status: Petition for Review filed December 1, 2011. Unopposed motion to consolidate granted by December 9, 2011 Court order. This case is consolidated with Case No. 11-1467. Name: The Conference Group, LLC v. FCC Case No: 12-1124 Court: D.C. Circuit FCC Order Description: In the Matter of Request for Review by InterCall, Inc. of Decision of Universal Service Administrator (rel. June 30, 2008). CC Docket No. 96-45. FCC 08-160. Case Description: Petitioner challenges the FCC’s determination that InterCall, Inc. and all similarly-situated audio bridging service providers are required to contribute directly to the universal service fund. Status: Petition for Review filed February 29, 2012. Record filed April 16, 2012. Initial brief filed December 7, 2012. Final brief filed January 28, 2013. Oral argument held April 15, 2013. Petition for Review dismissed in part and denied in part by Opinion July 2, 2013. 7 Name: National Association of Broadcasters v. FCC & USA Case No: 12-1225 Court: D.C. Circuit FCC Order Description: Standardized and Enhanced Disclosure Requirements for Television Broadcast Licensee Public Interest Obligations; Extension of the Filing Requirement for Children’s Television Programming Report (FCC Form 398) Case Description: Status: 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 (rel. ) CS Docket No. 98-120 Case Description: The petitioning broadcasters seek review of an FCC rulemaking order that allowed the agency’s “viewability rule” (which required certain cable operators to carry the signals for local over-the-air television channels in both analog and digital format) to sunset. Status: Petition for Review filed July 31, 2012. Petitioner’s Joint Motion for Stay denied September 24, 2012. Record filed September 14, 2012. Initial brief filed December 21, 2012. Final brief filed February 14, 2013. Oral argument scheduled for September 27, 2013. 8 Name: Comcast Cable Communications, LLC v. FCC & USA Case No: 12-1337 Court: D.C. Circuit FCC Order Description: In the Matter of Tennis Channel, Inc., Complainant v. Comcast Cable Communications, LLC, Defendant Case Description: Status: Petition for Review filed August 1, 2012. Record filed September 17, 2012. Initial brief filed November 7, 2012. Final brief filed December 3, 2012. Oral argument held February 25, 2013. Petition for Review granted by Opinion May 28, 2013. Tennis Channel’s Petition for Rehearing filed July 12, 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 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 scheduled for September 20, 2013. 9 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. Name: In re: Legacy Communications, LLC, et al. Case No: 13-1013 Court: D.C. Circuit FCC Order Description: Case Description: Legacy Communications, LLC and 13 other broadcast licensees ask the Court to grant a writ of mandamus to compel the FCC to refund the fees that they had submitted with their long-form auction applications, or alternatively, to take action on their requests for refunds of those fees. Status: Petition for Writ of Mandamus filed January 18, 2013. FCC response filed May 15, 2013. Petitioners’ reply filed May 29, 2013. Court order dated August 2, 2013 denied petition for writ of mandamus. 10 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 October 15, 2013. Final brief due December 23, 2013. 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. 11 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: 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. 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 12 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. Final brief due October 17, 2013. Name: Sorenson Communications, Inc., et al. 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 Case Description: Status: Petition for Review filed July 11, 2013. Procedural Motions due August 14, 2013. Dispositive Motions due August 29, 2013. 13 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 Case Description: Status: Petition for Review filed July 15, 2013. Procedural motions due August 15, 2013. Record and Dispositive motions due August 30, 2013. 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: Status: Notice of Appeal filed August 2, 2013. Appellant’s Motion for Summary Reversal filed August 6, 2013. FCC’s response due August 19, 2013. 14 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: Status: Petition for Review filed August 2, 2013. Petitioner’s Motion for Summary Reversal filed August 6, 2013. FCC’s response due August 19, 2013. 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. 15 Name: National Cable & Telecommunications Association v. FCC Case No: 11-5152 Court: Second Circuit FCC Order Description: In the Matter of: Revision of the Commission’s Program Carriage Rules; Leased Commercial Access; Development of Competition and Diversity in Video Programming Distribution and Carriage (rel. Aug. 1, 2011) FCC 11-119; MB Docket No. 11-131 and 07-42 Case Description: NCTA contends that the Commission’s cable program carriage rules violate the First Amendment and exceed the agency’s statutory authority Status: Petition for Review filed November 7, 2011. Per January 6, 2012 Order, this case has been consolidated with case number 11-4138. Name: National Telecommunications Cooperative Ass’n v. FCC & USA Case No: 13-1661 Court: Fourth 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: Status: Petition for Review filed May 20, 2013. FCC’s Motion to Suspend Briefing Schedule granted by court order June 19, 2013. Status report due August 19, 2013. 16 Name: Dayton Access Television, Inc. v. FCC Case No: 07-4467 Court: Sixth Circuit FCC Order Description: In re: implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992, 22 FCC Rcd 19633 (2007). FCC Docket No. MB 05-311. FCC Order No. 07-190. Case Description: Petitioners challenge the FCC’s decision to extend a number of the rules adopted in the first Section 621 Order to applications for franchise renewals by incumbent cable operators. Status: Held in abeyance. Name: National Cable & Telecommunications Association v. FCC Case No: 08-3369 Court: Sixth Circuit FCC Order Description: In the matter of leased commercial access, R&O and Further NPR, 23 FCC Rcd 2909 (2008). FCC Docket No. MB 07-42. FCC Order No. 07-208. Case Description: Petitioners challenge the FCC’s modification of its leased access rules, which require cable operators to provide channel capacity for commercial use by unaffiliated programmers pursuant to 47 U.S.C. 532. Status: Held in abeyance. 17 Name: Michael R. Nack v. Douglas P. Walburg Case No: 11-1460 Court: Eighth Circuit FCC Order Description: None Case Description: The Eighth Circuit in this case invited the FCC to address whether section 64.1200(a)(3(iv) of the FCC's rules requires a facsimile advertisement that is sent with the receipt's prior express approval to contain an "opt out" notice. Status: Eighth Circuit asked FCC to file amicus brief. Amicus brief filed February 24, 2012. Oral argument held September 19, 2012. Opinion May 21, 2013 reversed the judgment of the district court and remanded for further proceedings. Petition for Rehearing denied by court order July 16, 2013. Mandate issued July 23, 2013. 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. 18 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: Accipiter Communications, Inc. v. FCC & USA Case No: 13-71760 Court: Ninth 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: Status: Petition for Review filed May 20, 2013. FCC’s Motion to Transfer (to 10th Circuit) filed June 6, 2013. Petitioner’s response filed June 19, 2013. FCC’s reply filed June 21, 2013. 19 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. 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. 20 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. 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. 21 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. 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. 22 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. 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. 23 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. 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. 24 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. 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. 25 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. 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. 26 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. 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. 27 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. 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. 28 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. 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. 29 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. 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. 30 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. 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. 31 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. 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. 32 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. 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. 33 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. 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. 34 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. Name: Council Tree Investors, Inc., et al. v. FCC Case No: 12-9543 Court: Tenth Circuit FCC Order Description: In the Matter of: Waiver of Section 1.2110(b)(3)(iv)(A) of the Commission’s Rules for the Upper 700 MHz Band D Block License (rel. Nov. 15, 2007). FCC 07-197. In the Matter of: Implementation of the Commercial Spectrum Enhancement Act and Modernization of the Commission’s Competitive Bidding Rules and Procedures (rel. Feb. 1, 2012). WT Docket No. 05-211. FCC 12-12. Case Description: Status: Petition for Review filed March 29, 2012. Record filed May 9, 2012. Brief filed July 23, 2012. Oral argument held November 5, 2012. 35 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. Name: American Electric Power Service Corp., et al. v. FCC & USA Case No: 12-1396 Court: Supreme Court FCC Order Description: Report and Order and Order on Reconsideration – A National Broadband Plan for Our Future Case Description: Several utility companies challenge the pole attachment rules adopted in Implementation of Section 224 of the Act. Status: Petition for Writ of Certiorari filed May 24, 2013. Government’s brief in opposition filed July 29, 2013.