15 1063 documents (2015-06-29)

United States Court of AppealsFOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 15-1063 September Term, 2014FCC-15-24

Filed On: June 29, 2015

United States Telecom Association,

Petitioner

v.

Federal Communications Commission andUnited States of America,

Respondents

------------------------------

Independent Telephone &Telecommunications Alliance, et al.,

Intervenors------------------------------

Consolidated with 15-1078, 15-1086,15-1090, 15-1091, 15-1092, 15-1095,15-1099, 15-1117, 15-1128, 15-1151,15-1164

BEFORE: Tatel and Brown, Circuit Judges

O R D E R

Upon consideration of the proposed briefing format and schedule; the motions tointervene filed by petitioners United States Telecom Association, Wireless InternetService Providers Association, National Cable & Telecommunications Association,American Cable Association, CTIA - the Wireless Association, AT&T, Inc., andCenturyLink, the opposition thereto, and the reply; and the motion to intervene filed byTechFreedom, et al., the opposition thereto, and the reply, it is

ORDERED that the motions to intervene filed by petitioners United StatesTelecom Association, et al., be granted. It is

USCA Case #15-1063 Document #1560041 Filed: 06/29/2015 Page 1 of 4

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____________No. 15-1063 September Term, 2014

FURTHER ORDERED that the motion to intervene filed by TechFreedom, et al.,be granted to the extent it seeks intervention in support of petitioners United StatesTelecom Association, et al., and referred to the merits panel to the extent it seeksintervention in support of the FCC in the petition filed by Full Service Network, et al. The parties are directed to address in their briefs the issues presented in the motion tointervene rather than incorporate those arguments by reference. TechFreedom, et al.,may participate as movant-intervenors in the appropriate respondent-intervenor brief. Itis

FURTHER ORDERED that the following briefing format and schedule will apply:

Joint opening brief of Petitioners United States Telecom Assoc., et al., and CTIA - the Wireless Assn(not to exceed 20,000 words) . . . . . . . . . . . . . . . . July 30, 2015

Joint opening brief of Petitioners AlamoBroadband Inc. and Daniel Berninger(not to exceed 4,000 words) . . . . . . . . . . . . . . . . . July 30, 2015

Joint opening brief of Petitioners FullService Network, et al.(not to exceed 9,000 words) . . . . . . . . . . . . . . . . .July 30, 2015

Joint opening brief of Intervenors insupport of Petitioners(not to exceed 7,000 words) . . . . . . . . . . . . . . . . . .August 6, 2015

Opening brief of Respondent(not to exceed 33,000 words) . . . . . . . . . . . . . . . . .September 14, 2015

Joint brief of Intervenors in supportof Respondent in No. 15-1151 (not to exceed 5,625 words) . . . . . . . . . . . . . . . . . September 21, 2015

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Joint brief of Intervenors in supportof Respondent in all other petitions(not to exceed 15,000 words) . . . . . . . . . . . . . . . . .September 21, 2015

Joint reply brief of Petitioners United States Telecom Assoc., et al., and CTIA - the Wireless Assn(not to exceed 10,000 words) . . . . . . . . . . . . . . . . .October 5, 2015

Joint reply brief of Petitioners AlamoBroadband Inc. and Daniel Berninger(not to exceed 2,000 words) . . . . . . . . . . . . . . . . . .October 5, 2015

Joint reply brief of Petitioners FullService Network, et al.(not to exceed 4,500 words) . . . . . . . . . . . . . . . . . .October 5, 2015

Joint reply brief of Intervenors insupport of Petitioners(not to exceed 3,500 words) . . . . . . . . . . . . . . . . . .October 5, 2015

Deferred appendix . . . . . . . . . . . . . . . . . . . . . . . . . October 8, 2015

Final briefs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . October 13, 2015

The Clerk is directed to schedule oral argument on the first appropriate datefollowing the completion of briefing. The parties will be notified by separate order of theoral argument date and the composition of the merits panel.

The court reminds the parties that

In cases involving direct review in this court of administrative actions, thebrief of the appellant or petitioner must set forth the basis for the claim ofstanding. . . . When the appellants or petitioners standing is notapparent from the administrative record, the brief must include argumentsand evidence establishing the claim of standing.

See D.C. Cir. Rule 28(a)(7).

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To enhance the clarity of their briefs, the parties are urged to limit the use ofabbreviations, including acronyms. While acronyms may be used for entities andstatutes with widely recognized initials, briefs should not contain acronyms that are notwidely known. See D.C. Circuit Handbook of Practice and Procedures 41 (2015);Notice Regarding Use of Acronyms (D.C. Cir. Jan. 26, 2010).

Parties are strongly encouraged to hand deliver the paper copies of their briefs tothe Clerk's office on the date due. Filing by mail may delay the processing of the brief. Additionally, counsel are reminded that if filing by mail, they must use a class of mailthat is at least as expeditious as first-class mail. See Fed. R. App. P. 25(a). All briefsand appendices must contain the date that the case is scheduled for oral argument atthe top of the cover. See D.C. Cir. Rule 28(a)(8).

Per Curiam

FOR THE COURT:Mark J. Langer, Clerk

BY: /s/Robert J. Cavello Deputy Clerk

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United States Court of AppealsDistrict of Columbia Circuit

Washington, D.C. 20001-2866

Mark J. Langer General InformationClerk (202) 216-7000

NOTICE TO COUNSEL:

SCHEDULING ORAL ARGUMENT

The court has entered an order setting a briefing schedule in a case in which you arecounsel of record. Once a briefing order has been entered, the case may be set for oralargument. Typically, the argument date will be a minimum of 45 days after briefing iscompleted.

You will be notified by separate order of the date and time of oral argument. Once acase has been calendared, the Clerks Office cannot change the argument date, and the courtwill not ordinarily reschedule it. Any request to reschedule must be made by motion, whichwill be presented to a panel of the court for disposition. The court disfavors motions topostpone oral argument and will grant such a motion only upon a showing of extraordinarycause. See D.C. Cir. Rule 34(g).

If you are the arguing counsel and you know you will be unavailable to appear for oralargument on a date in the future, so advise the Clerks Office by letter, filed electronically, witha copy to opposing counsel. The notification should be filed as soon as possible and updated ifa potential scheduling conflict later arises or if there is any change in availability. To theextent possible, the Clerks Office will endeavor to schedule oral argument to avoid conflictsthat have been brought to the courts attention in advance.


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15-106306/29/2015 - Order Sent, p.106/29/2015 - Form Sent, p.5

15 1063 documents (2015-06-29)

Documents