Archives: Court Challenges

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6th Circuit Reverses FCC’s Preemption of State Law

BLOGMAPYesterday the Sixth Circuit granted two petitions for review in The State of Tennessee et al. v. FCC and issued its opinion reversing the FCC’s order that preempted the laws of Tennessee and North Carolina that limited the ability of municipalities in those states to provide broadband service. The opening pages extoll the virtue of […]

Podcast: DC Circuit Affirmation

Like Washington’s summer temperatures, things are heating up with Open Internet Order appeals. We know you’re probably too busy to fully read the Court’s 180 pages of analysis (including 60 page partial dissent) so attorneys Chris Savage, Peter Karanjia, and Dan Reing sat down for 21 minutes to discuss the history and rationale of the […]

More Talk on Further OIO Review… And Will the Sixth Circuit Look at How the DC Circuit Ruled on Section 706 to Decide State Law Preemption?

It seems likely that one or more Petitioners in the consolidated case USTA v. FCC will seek review, either en banc or in the Supreme Court, of the D.C. Circuit’s decision released on June 14th.  (DWT’s detailed advisory is available here). Generally speaking, most commentators would probably agree that en banc review is realistic only […]

DC Circuit Affirms FCC’s Open Internet Order

180 pages of analysis includes a 60 page partial dissent Today the U.S. Court of Appeals for the D.C. Circuit rejected multiple Petitions for Review and upheld the FCC’s Open Internet Order.  That order reclassified wired and mobile broadband Internet access services as telecommunications services and subjects providers of those services to several specific new […]

Challenge to FCC Preemption of State Prohibition on Municipal Broadband to be Heard in March

The Sixth Circuit Court of Appeals has set oral argument for 9:00 a.m., Thursday, March 17, 2016 on the appeals brought by the States of Tennessee and North Carolina challenging the FCC’s order striking down provisions of those states’ laws that would otherwise prevent municipalities from providing broadband service.  The court allotted 15 minutes per […]

Open Internet Webinar

webinarWednesday, December 16, 2015 1:00 p.m. – 2:00 p.m. EST Please join us for an interactive, end-of-year discussion about developments in the FCC’s Open Internet (a.k.a. “net neutrality”) rules.  Will the rules survive judicial challenge?  Will Congress act?  How will the rules impact your business in 2016? Agenda: Judicial challenge oral arguments, presented by John […]

Sixth Circuit Consolidates Cases, Sets New Briefing Schedule in Appeals Involving Municipal Broadband Laws

Courthouse3As expected, the Sixth Circuit Court of Appeals has consolidated the two Petition for Review proceedings brought by the states of Tennessee and North Carolina seeking review of the FCC’s order striking down provisions of North Carolina and Tennessee laws that allow municipalities to provide broadband service but otherwise limit the geographic area they may […]

Briefing Orders Issued in Battle Over State Laws Restricting Municipal Broadband

BLOGMAPThe Sixth Circuit Court of Appeals issued briefing orders in the two Petition for Review proceedings brought by the states of Tennessee and North Carolina seeking review of the FCC’s vote to strike down provisions of North Carolina and Tennessee laws that allow municipalities to provide broadband service but otherwise limit the geographic area they […]

Tennessee and North Carolina Fight the FCC’s Order Preempting State Laws Limiting Municipal Broadband

Courthouse3As we discussed in detail here and here, on February 26, 2015, the FCC voted to strike down provisions of North Carolina and Tennessee laws that allow municipalities to provide broadband service but otherwise limit the geographic area they may serve and impose other conditions on their operations.  The full text of the FCC’s order […]

Legal Challenges to the Open Internet Order

GavelRevA mere 11 days after the FCC released its Open Internet Order, the U.S. Telecom Association and Alamo Broadband Inc. filed suit challenging the Order’s validity in the U.S. Court of Appeals for the D.C. Circuit and the 5th Circuit, respectively.  Pursuant to the random selection procedure prescribed by 28 U.S.C. § 2112(a) the Judicial […]
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