USCA Case #15-1063

Document #1560041

Filed: 06/29/2015

Page 1 of 4

United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 15-1063

September Term, 2014

FCC-15-24
Filed On: June 29, 2015

United States Telecom Association,

Petitioner
v.
Federal Communications Commission and
United 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

ORDER

Upon consideration of the proposed briefing format and schedule; the motions to
intervene filed by petitioners United States Telecom Association, Wireless Internet
Service Providers Association, National Cable & Telecommunications Association,
American Cable Association, CTIA - the Wireless Association, AT&T, Inc., and
CenturyLink, the opposition thereto, and the reply; and the motion to intervene filed by
TechFreedom, et al., the opposition thereto, and the reply, it is
ORDERED that the motions to intervene filed by petitioners United States
Telecom Association, et al., be granted. It is

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USCA Case #15-1063

Document #1560041

Filed: 06/29/2015

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United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

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 States
Telecom Association, et al., and referred to the merits panel to the extent it seeks
intervention 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 to
intervene rather than incorporate those arguments by reference. TechFreedom, et al.,
may participate as movant-intervenors in the appropriate respondent-intervenor brief. It
is
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 Alamo
Broadband Inc. and Daniel Berninger
(not to exceed 4,000 words) . . . . . . . . . . . . . . . . . July 30, 2015
Joint opening brief of Petitioners Full
Service Network, et al.
(not to exceed 9,000 words) . . . . . . . . . . . . . . . . .July 30, 2015
Joint opening brief of Intervenors in
support 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 support
of Respondent in No. 15-1151
(not to exceed 5,625 words) . . . . . . . . . . . . . . . . . September 21, 2015

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USCA Case #15-1063

Document #1560041

Filed: 06/29/2015

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United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 15-1063

September Term, 2014

Joint brief of Intervenors in support

of 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 Alamo
Broadband Inc. and Daniel Berninger
(not to exceed 2,000 words) . . . . . . . . . . . . . . . . . .October 5, 2015
Joint reply brief of Petitioners Full
Service Network, et al.
(not to exceed 4,500 words) . . . . . . . . . . . . . . . . . .October 5, 2015
Joint reply brief of Intervenors in
support 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 date
following the completion of briefing. The parties will be notified by separate order of the
oral 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, the
brief of the appellant or petitioner must set forth the basis for the claim of
standing. . . . When the appellants or petitioners standing is not
apparent from the administrative record, the brief must include arguments
and evidence establishing the claim of standing.
See D.C. Cir. Rule 28(a)(7).
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United States Court of Appeals

FOR THE DISTRICT OF COLUMBIA CIRCUIT

____________

No. 15-1063

September Term, 2014

To enhance the clarity of their briefs, the parties are urged to limit the use of
abbreviations, including acronyms. While acronyms may be used for entities and
statutes with widely recognized initials, briefs should not contain acronyms that are not
widely 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 to
the 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 mail
that is at least as expeditious as first-class mail. See Fed. R. App. P. 25(a). All briefs
and appendices must contain the date that the case is scheduled for oral argument at
the 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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USCA Case #15-1063

Document #1560041

Filed: 06/29/2015

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United States Court of Appeals

District of Columbia Circuit
Washington, D.C. 20001-2866
Mark J. Langer
Clerk

General Information
(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 are
counsel of record. Once a briefing order has been entered, the case may be set for oral
argument. Typically, the argument date will be a minimum of 45 days after briefing is
completed.
You will be notified by separate order of the date and time of oral argument. Once a
case has been calendared, the Clerks Office cannot change the argument date, and the court
will not ordinarily reschedule it. Any request to reschedule must be made by motion, which
will be presented to a panel of the court for disposition. The court disfavors motions to
postpone oral argument and will grant such a motion only upon a showing of extraordinary
cause. See D.C. Cir. Rule 34(g).
If you are the arguing counsel and you know you will be unavailable to appear for oral
argument on a date in the future, so advise the Clerks Office by letter, filed electronically, with
a copy to opposing counsel. The notification should be filed as soon as possible and updated if
a potential scheduling conflict later arises or if there is any change in availability. To the
extent possible, the Clerks Office will endeavor to schedule oral argument to avoid conflicts
that have been brought to the courts attention in advance.

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