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Application for an Extension of Time to File Petition for a Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit

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No.17A.__ _ INTHE SUPREME COURT OF THE UNITED STATES October Term 2016 UNITED STATES TELECOMASSOCIATION,AT&T INC., CTIA-THE WIRELESS ASSOCIATION, CENTURYLINK, NCTA - THE INTERNET & TELEVISION ASSOCIATION, AMERICAN CABLE ASSOCIATION, AL-\MO BRO,-\DBAND INC., D,-\NIEL BERNINGER, SCOTT BANISTER, CHARLES GIANCARLO, JEFF PULVER, AND TECHFREEDOM, Applicants, v. FEDERAL COMMUNIC\TIONS COMMISSION, ET AL., Respondents. Application for an Extension of Time To File Petition for a Writ of Certiorari to the United States Court of Appeals for the District of Columbia Circuit APPLICATION TO THE HONORABLE CHIEF JUSTICE JOHN G. ROBERTS, JR. AS CIRCUIT JUSTICE MIC8"-\EL K. KELLOGG PETER D. KEISLER KELLOGG, HANSEN, TODD, Counsel of Record FI GEL & FREDERICK, P.L.L.C. SIDLEY AUSTIN LLP 1615 M Street, N.W. 1501 K Street, N.W. Suite 400 Washington, D.C. 20005 Washington, D.C. 20036 (202) 736-8000 (202) 326-7900 ([email protected]) Counsel for Applicant Counsel for Applicant United States Telecom Association AT&T Inc. (Additional Counsel Listed On Inside Page) July 10, 2017 MIGUEL A. ESTRADA HELGI C. WALI<ER GIBSON, DUNN & CRUTCHERLLP GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Avenue, N.W. 1050 Connecticut Avenue, N.W. Washington, D.C. 20036 Washington, D.C. 20036 (202) 955-8500 (202) 887-3599 Counsel for Applicant Counsel for Applicant NCTA - The Internet & CTIA - The Wireless Association® Television Association D,\.VID H. SOLOMON JEFFREY A. L\.MKEN WILKINSON BARI<ER KNAUER, LLP MOLOL-\.MI<EN LLP 1800 M Street, N.W., Suite SOON The Watergate, Suite 660 Washington, D.C. 20036 600 New Hampshire Avenue, N.W. (202) 783-4141 Washington, D.C. 20037 Counsel for Applicant (202) 556-2000 CenturyLink Counsel for Applicant American Cable Assotiation C. BOYDEN GR.A Y ADAM R.F. GUSTAFSON RICHARD E. WILEY BOYDEN GR,-\.Y &ASSOCIATES, PLLC BENNETT L. Ross 801 17th Street, N.W., Suite 350 EVE KLINDERA REED Washington, D.C. 20006 WILEY REIN LLP (202) 955-0620 1776 K Street, N.W. Counsel for Applicants Washington, D.C. 20006 Scott Banister, Charles Giancarlo, (202) 719-7000 Jeff Pulver, and TechFreedom Counsel for Applicants Alamo Broadband Inc. and Daniel Berninger PARTIES TO THE PROCEEDINGS Applicants United States Telecom Association; AT&T Inc.; CTIA -The Wireless Association®; CenturyLink; NCTA-The Internet & Television Association; and American Cable Association participated in the proceedings before the Federal Communications Commission ("FCC") and were petitioners-intervenors in the court of appeals proceedings. Applicants Alamo Broadband Inc. and Daniel Berninger participated in the proceedings before the FCC and were petitioners in the court of appeals proceedings. Applicants Scott Banister; Charles Giancarlo;Jeff Pulver; and TechFreedom participated in the proceedings before the FCC and were intervenors in the court of appeals proceedings. Respondents FCC and the United States of America were respondents in the court of appeals proceedings. Respondent Wireless Internet Service Providers Association participated in the proceedings before the FCC and was a petitioner-intervenor in the court of appeals proceedings. Respondents Full Service Network; Sage Telecommunications llC; Telescape Communications, Inc.; and TruConnect Mobile participated in the proceedings before the FCC and were petitioners in the court of appeals proceedings. Respondents Ad Hoc Telecommunications Users Committee; Akamai Technologies, Inc.; Wendell Brown; CARI.net; Center for Democracy & Technology; Cogent Communications, Inc.; ColorOfChange.org; COMPTEL; Credo Mobile, Inc.; Demand Progress; DISH Network Corporation; Etsy, Inc.; Fight for the Future, Inc.; David Frankel; Free Press; Independent Telephone & Telecommunications Alliance; I<:ickstarter, Inc.; Level 3 Communications, LLC; Meetup, Inc.; National Association of Regulatory Utility Commissioners; National Association of State Utility Consumer Advocates; Netflix, Inc.; New America's Open Technology Institute; Public Knowledge; Tumblr, Inc.; Union Square Ventures, LLC; Vimeo, LLC; and Vonage Holdings Corporation participated in the proceedings before the FCC and were intervenors in the court of appeals proceedings. 11 STATEMENTS PURSUANT TO RULE 29.6 Pursuant to Supreme Court Rule 29 .6, applicants Alamo Broadband Inc., American Cable Association, AT&T Inc., CenturyLink, CTIA-The Wireless Association®, NCTA-The Internet & Television Association, TechFreedom, and United States Telecom Association state as follows: Alamo Broadband Inc. has no parent corporation, and no publicly held company owns 10% or more of Alamo Broadband's stock. Alamo Broadband is principally engaged in the provision of communications services, including the provision of broadband Internet access service. American Cable Association ("ACA") has no parent corporation, and no publicly held corporation owns 10% or more of its stock, pays 10% or more of its dues, or possesses or exercises 10% or more of the voting control of ACA. As relevant to this litigation, ACA is a trade association of small and medium-sized cable companies, most of which provide broadband Internet access service. ACA is principally engaged in representing the interests of its members before Congress and regulatory agencies such as the Federal Communications Commission. AT&T Inc. is a publicly traded corporation that, through its wholly owned affiliates, is principally engaged in the business of providing communications services and products to the general public. AT&T has no parent company, and no publicly held company owns 10% or more of its stock. CenturyLink. The Centu1yLink companies participating in this application are CenturyLink, Inc. (a publicly traded company) and its wholly owned subsidiaries. CenturyLink, Inc. owns subsidiaries that provide broadband Internet access and other communications senrices (e.g., voice and video) to consumers and businesses. Among the subsidiaries owned by CenturyLink, Inc. are regulated incumbent local exchange carriers. CenturyLink's local exchange carriers provide local exchange telecommunications and other communications services in 37 States, including broadband 111 Internet access. Another subsidiary is CenturyLink Communications, LLC, which provides intrastate and interstate communications services, both domestically and internationally, including broadband Internet access. CenturyLink, Inc. has no parent corporation, and no publicly held corporation owns 10% or more of its stock. CTIA - The Wireless Association® (formerly known as the Cellular Telecommunications & Internet Association) is a Section 501 (c)(6) not-for-profit corporation organized under the laws of the District of Columbia and represents the wireless communications industry. Members of CTIA include service providers, manufacturers, wireless data and Internet companies, and other industry participants. CTIA has not issued any shares or debt securities to the public, and CTIA has no parent companies, subsidiaries, or affiliates that have issued any shares or debt securities to the public. NCTA-The Internet & Television Association ("NCTA") is the principal trade association of the cable television industry in the United States.* Its members include owners and operators of cable television systems serving more than 80% of the nation's cable television customers, as well as more than 200 cable program networks. The cable industry is also a leading provider of residential broadband service to U.S. households. NCTA has no parent companies,· subsidiaries, or affiliates whose listing is required by Rule 29.6. TechFreedom is a nonprofit, non-stock corporation organized under the laws of the District of Columbia. TechFreedom has no parent corporation. It issues no stock. United States Telecom Association ("USTelecom") is a non-profit association of service providers and suppliers for the telecom industry. Its members provide broadband services, including retail broadband Internet access and interconnection services, to millions of consumers 'Applicant NCTA was named the National Cable & Telecommunications Association when this litigation was filed, but has since changed its name to NCTA - The Internet & Television Association. lV and businesses across the country. USTelecom has no parent corporation, and no publicly held corporation owns 10% or more of its stock. V APPLICATION FOR EXTENSION OF TIME Pursuant to this Court's Rules 13.5, 22, and 30.3, applicants United States Telecom Association, AT&T Inc., CTIA - The Wireless Association®, CenturyLink, NCTA- The Internet & Television Association, American Cable Association, Alamo Broadband Inc., Daniel Berninger, Scott Banister, Charles Giancarlo,Jeff Pulver, and TechFreedom hereby request a 60-day extension of time, to and including September 28, 2017, within which to file petitions for a writ of certiorari in this case. JUDGMENT FOR WHICH REVIEW IS SOUGHT The judgment sought to be reviewed is the decision of the United States Court of Appeals for the District of Columbia Circuit in United States Telecom Association v. FCC, 825 F.3d 674 (D.C. Cir. 2016) ("U.S. Telecom") (attached as Exhibit A). JURISDICTION The D.C. Circuit issued its decision on June 14, 2016. On May 1, 2017, the D.C. Circuit denied petitions for panel rehearing (unreported order attached as Exhibit B) and petitions for rehearing en bane, over the dissents of Judge Brown and Judge Kavanaugh (reported at 855 F.3d 381; attached as Exhibit C). Pursuant to this Court's Rules 13.1, 13.3, and 30.1, petitions for a writ of certiorari would be due for filing on July 30,
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