ISP FirstDigital has blocked Comcast from exercising its rights under federal law to construct and operate its cable systems and connect requesting customers to its cable and other services in two Utah residential developments, alleged a Cable Act complaint Thursday (docket 2:24-cv-00249) in U.S. District Court for Central Utah in Salt Lake City.
Opening briefs of the four petitioners and their intervenor supporters challenging the FCC’s Dec. 26 quadrennial review order for allegedly violating Section 202(h) of the Telecommunications Act (see 2403220041) would be due July 15 under a proposed briefing schedule that has the backing of all parties, NAB told the 8th U.S. Circuit Court of Appeals in a filing Tuesday. Sept. 13 is the proposed deadline for the FCC’s response brief and that of NCTA, which is intervening to defend the order against the petitioners’ Section 202(h) challenges, said the filing. Reply briefs would be due Oct. 15 and final briefs on Nov. 18, it said. The proposed schedule “would allow for the briefing to be complete and the cases ready for submission on the merits” before the end of calendar 2024, it said. The petitioners currently anticipate filing joint opening and reply briefs, it said. The intervenors supporting the Section 202(h) challenge anticipate filing two sets of opening and reply briefs, one from the four network affiliates associations, the other from six radio ownership groups, it said. “The number of briefs, the issues the parties intend to raise, and the number of words needed for full and efficient presentation of the issues could change if additional petitions for review or intervention motions are filed,” it said. April 15 is the deadline to file additional petitions for review of the quadrennial order; further intervention motions would be due 30 days later, said the filing. The parties request leave to file a supplemental joint proposed briefing schedule by April 22, seven days after the deadline to file a petition for review, it said. They further request leave to file a second supplemental joint proposal by May 22, if necessary, seven days after the deadline to intervene, “to ensure all parties are accounted for,” it said. The consolidated petitions pending in the 8th Circuit are from Zimmer Radio (docket 24-1380), Beasley Media Group (docket 24-1480), NAB (docket 24-1493) and Nexstar Media Group (docket 24-1516).
Here are Communications Litigation Today's top stories from last week, in case you missed them. Each can be found by searching on its title or by clicking on the hyperlinked reference number.
A school bus is neither a classroom nor a library and that “makes short work of this case under basic principles of administrative law,” the opening brief said Tuesday (docket 23-60641) in support of a 5th U.S. Circuit Appeals petition to defeat the FCC’s Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040).
The 8th U.S. Circuit Appeals Court granted the unopposed motions of four network affiliates associations (see 2403220041) and six radio group owners (see 2403260001) to intervene in support of the four consolidated petitions for review that challenge the FCC’s Dec. 26 quadrennial review order for allegedly violating Section 202(h) of the Telecommunications Act, said a clerk’s order Tuesday. The 8th Circuit also granted NCTA’s motion to intervene to defend the FCC’s order against those Section 202(h) challenges (see 2403250064). The court denied without prejudice the network affiliates associations’ request to be deemed intervenors in any petitions that may be consolidated with the existing four in the future. The consolidated petitions pending in the 8th Circuit are from Zimmer Radio (docket 24-1380), Beasley Media Group (docket 24-1480), NAB (docket 24-1493) and Nexstar Media Group (docket 24-1516).
The U.S. Court of Appeals for the D.C. Circuit gave Chinese companies Hikvision and Dahua a partial victory Tuesday, ruling that the FCC’s definition of critical infrastructure is “overly broad.” However, the three-judge panel rejected arguments that video cameras and video-surveillance equipment the companies manufacture shouldn’t have been placed on the agency’s “covered list” of unsecure gear.
LTD Broadband’s opening brief is due May 8 in its petition to review the FCC’s rejection of the company's long-form application for Rural Digital Opportunity Fund support (see 2402070081), said a clerk’s order Friday (docket 24-1017) at the U.S. Court of Appeals for the D.C. Circuit. The FCC’s respondent brief is due June 24, and LTD’s reply brief July 24, the order said. LTD is challenging the FCC’s Dec. 4 order denying LTD’s application for review of the Wireline Bureau’s decision to reject the company’s application. LTD is asking the D.C. Circuit to hold the order unlawful and set it aside.
Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update. Cases in bold are new since the last update.
The U.S. Court of Appeals for the D.C. Circuit handed Chinese companies Hikvision and Dahua a partial victory Tuesday, holding in an opinion (docket 23-1032) that the FCC’s definition of critical infrastructure is “overly broad.” The three-judge panel rejected arguments that video cameras and video-surveillance equipment the companies manufactured shouldn’t have been placed on the FCC’s “covered list” of unsecure gear. The case was argued in December (see 2312140061).
The FCC violated the Administrative Procedure Act when it amended rules incorporating four new equipment testing standards, and did so without the proper notice and comment protocol, alleged iFixit, Public Resource and Make Community in the opening brief Wednesday (23-1311) of their petition for review at the U.S. Court of Appeals for the D.C. Circuit. The opening brief asks that the court remand the rules to the FCC for what the three organizations contend should be a proper rulemaking (see 2311090002).