DOCSLIB.ORG

In the United States Court of Appeals for the District of Columbia Circuit ______

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
In the United States Court of Appeals for the District of Columbia Circuit ______ USCA Case #15-1063 Document #1627850 Filed: 07/29/2016 Page 1 of 37 Nos. 15-1063 (and consolidated cases) ________________________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ________________________________________ UNITED STATES TELECOM ASSOCIATION, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, et al., Respondents. ________________________________________ On Petition for Review from the Federal Communications Commission ________________________________________ PETITION FOR REHEARING EN BANC FOR INTERVENORS TECHFREEDOM, JEFF PULVER, SCOTT BANISTER, CHARLES GIANCARLO, AND DAVID FRANKEL ________________________________________ BERIN M. SZÓKA C. BOYDEN GRAY THOMAS W. STRUBLE ADAM J. WHITE TECHFREEDOM DEREK S. LYONS 110 Maryland Avenue, NE ADAM R.F. GUSTAFSON Suite 409 JAMES R. CONDE Washington, DC 20002 BOYDEN GRAY & ASSOCIATES (202) 803-2867 801 17th St. N.W., Suite 350 [email protected] Washington, DC 20006 (202) 955-0620 July 29, 2016 [email protected] (Page 1 of Total) USCA Case #15-1063 Document #1627850 Filed: 07/29/2016 Page 2 of 37 TABLE OF CONTENTS TABLE OF CONTENTS .............................................................................. i TABLE OF AUTHORITIES ....................................................................... ii GLOSSARY ................................................................................................ iv INTRODUCTION AND RULE 35(b) STATEMENT ................................. 1 BACKGROUND .......................................................................................... 3 ARGUMENT ............................................................................................... 5 I. The panel’s decision conflicts with Supreme Court precedent. .................................................................................. 5 A. King v. Burwell prohibits Chevron deference in this case involving questions of utmost “economic and political significance.” ..................................................... 5 B. The panel erred in concluding that Brand X controls over King. ......................................................................... 8 C. Utility Air Regulatory Group v. EPA prohibits the FCC’s rewrite of the Communications Act. ................. 10 II. This case presents issues of exceptional importance. ........... 14 CONCLUSION .......................................................................................... 15 CERTIFICATE OF COMPLIANCE CERTIFICATE OF SERVICE ADDENDUM A: CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES ADDENDUM B: CORPORATE DISCLOSURE STATEMENT ADDENDUM C: PANEL OPINION (Page 2 of Total) USCA Case #15-1063 Document #1627850 Filed: 07/29/2016 Page 3 of 37 TABLE OF AUTHORITIES Page(s) Cases Am. Bar Ass’n v. FTC, 430 F.3d 457 (D.C. Cir. 2005) ................................................................. 7 Comcast Corp. v. FCC, 600 F.3d 642 (D.C. Cir. 2010) ................................................................. 3 Encino Motorcars, LLC v. Navarro, 136 S. Ct. 2117 (2016) ............................................................................. 6 FDA v. Brown & Williamson Tobacco Corp., 529 U.S. 120 (2000) ............................................................................. 6, 7 Indus. Union Dep’t, AFL-CIO v. Am. Petroleum Inst. 448 U.S. 607 (1980) ............................................................................... 12 * King v. Burwell, 135 S. Ct. 2480 (2015) ........................................................... 2, 6, 8, 9, 14 Loving v. U.S., 742 F.3d 1013 (D.C. Cir. 2014) ............................................................... 7 MCI Telecomms. Corp. v. AT&T Co., 512 U.S. 218 (1994) ................................................................................. 7 Nat’l Cable & Telecomms. Ass’n v. Brand X Internet Servs., 545 U.S. 967 (2005) ............................................................................. 8, 9 Pharm. Res. & Mfrs. of Am. v. HHS, 43 F. Supp. 3d. 28 (D.D.C. 2014) ............................................................ 6 U.S. v. Mead Corp., 533 U.S. 218 (2001) ................................................................................. 6 U.S. v. Philip Morris USA, Inc., 396 F.3d 1190 (D.C. Cir. 2005) ............................................................... 8 ii (Page 3 of Total) USCA Case #15-1063 Document #1627850 Filed: 07/29/2016 Page 4 of 37 * Util. Air Regulatory Grp. v. EPA, 134 S. Ct. 2427 (2014) ..................................................... 2, 10, 11, 12, 13 Verizon v. FCC, 740 F.3d 623 (D.C. Cir. 2014) ............................................................. 3, 4 Statutes 47 U.S.C. § 153(24) ................................................................................. 4, 9 47 U.S.C. § 153(50) ..................................................................................... 4 47 U.S.C. § 153(53) ..................................................................................... 8 47 U.S.C. § 160(a) ..................................................................................... 10 47 U.S.C. § 160(b) ..................................................................................... 13 47 U.S.C. § 230(a)(1) ................................................................................. 14 47 U.S.C. § 230(a)(3) ................................................................................. 14 47 U.S.C. § 230(a)(4) ....................................................................... 1, 12, 14 47 U.S.C. § 230(b)(2) ............................................................................. 1, 12 47 U.S.C. § 332(d)(2) ............................................................................... 5, 9 Regulations 47 C.F.R. § 20.3 ........................................................................................... 5 * Authorities upon which Intervenors chiefly rely are marked with an asterisk. iii (Page 4 of Total) USCA Case #15-1063 Document #1627850 Filed: 07/29/2016 Page 5 of 37 GLOSSARY Add. Addendum Communications Act of 1934 or Communications Act of 1934, Pub. Communications Act L. No. 73-416, 48 Stat. 1064 Dissenting Op. Opinion of Williams, J., concurring in part and dissenting in part from the Panel Opinion (Add. C-116) FCC Federal Communications Commission Order Report and Order on Remand, Declaratory Ruling, and Order, Protecting and Promoting the Open Internet, 30 FCC Rcd. 5601 (2015) (JA 3477-8876) Panel Op. Panel Opinion (June 14, 2016) (Add. C-1) Telecommunications Act of 1996 Telecommunications Act of 1996, or Telecommunications Act or Pub. L. No. 104-104, 110 Stat. 56 1996 Act iv (Page 5 of Total) USCA Case #15-1063 Document #1627850 Filed: 07/29/2016 Page 6 of 37 INTRODUCTION AND RULE 35(b) STATEMENT In the Telecommunications Act of 1996, Congress determined that “the policy of the United States” would be “to preserve the vibrant and competitive free market that presently exists for the Internet and other interactive computer services, unfettered by Federal or State regulation[.]” 47 U.S.C. § 230(b)(2); see also id. § 230(a)(4). But the FCC’s “Open Internet Order” takes the opposite approach. It claims vast discretion under Title II of the Communications Act of 1934—the very statute the 1996 Act modernized—to regulate broadband Internet access services as common carriers. The FCC boasts that it has created a “Title II tailored for the 21st Century,” a modernized, “‘light-touch’ approach” suitable for regulating broadband Internet access service. Order ¶¶ 37, 38 (JA 3488). Yet despite “extensive” forbearance (what the FCC calls “tailoring”), some of Title II’s significant provisions continue to apply. Order ¶¶ 283-84 (JA 3600). And the FCC’s assertion of Title II jurisdiction, combined with inherently ephemeral tailoring, id. ¶ 538 (JA 3741), represents a claim to both broad new powers and unfettered discretion to decide if and when to deploy them. See id. ¶ 538 (JA 3741). If the Order stands, then (Page 6 of Total) USCA Case #15-1063 Document #1627850 Filed: 07/29/2016 Page 7 of 37 broadband Internet access service providers will be subject to the type of regulatory framework that governed 19th century railroads, their only relief being that the FCC might be merciful and forbear, sometimes, from enforcing some parts of Title II. This case merits rehearing en banc for two reasons: First, the panel’s decision runs squarely contrary to Supreme Court precedents. Under King v. Burwell, courts must not give Chevron deference to agencies on questions “of deep ‘economic and political significance’ that [are] central to [a] statutory scheme” without explicit congressional instruction to do so. 135 S. Ct. 2480, 2489 (2015). As here, where there is no such express delegation of interpretive authority, the Court must interpret the relevant provisions de novo, even if they are ambiguous. Id. at 2489. The panel, however, deployed Chevron deference to affirm the FCC’s Order. Panel Op. 33. And the panel deferred despite radical statutory “tailoring” necessary to save the Order from certain invalidation, violating Utility Air Regulatory Group v. EPA. Dissenting Op. 61-62 (citing 134 S. Ct. 2427, 2446 (2014)). Second, this case presents issues of extraordinary importance. The FCC is subjecting all broadband Internet access service to common 2 (Page 7 of Total) USCA Case #15-1063 Document #1627850 Filed: 07/29/2016 Page 8 of 37 carrier regulation—a step unprecedented in the history of the Internet. The very first
Load more

Recommended publications
  • Preface Patrick Besha, Editor Alexander Macdonald, Editor in The
    EARLY DRAFT - NASAWATCH.COM/SPACEREF.COM Preface Patrick Besha, Editor Alexander MacDonald, Editor In the next decade, NASA will seek to expand humanity’s presence in space beyond the International Space Station in low-Earth orbit to a new habitation platform orbiting the moon. By the late 2020’s, astronauts will live and work far deeper in space than ever before. The push to cis-lunar orbit is part of a stepping-stone approach to extend our reach to Mars and beyond. This decision to explore ever farther destinations is a familiar pattern in the history of American space exploration. Another major pattern with historical precedent is the transition from public sector exploration to private sector commercialization. After the government has developed and demonstrated a capability in space, whether it be space-based communications or remote sensing, the private sector has realized its market potential. As new companies establish a presence, the government withdraws from the market. In 2015, we are once again at a critical stage in the development of space. The most successful long-term human habitation in space, orbiting the Earth continuously since 1998, is the International Space Station. Currently at the apex of its capabilities and the pinnacle of state-of-the-art space systems, it was developed through the investments and labors of over a dozen nations and is regularly re-supplied by cargo delivery services. Its occupants include six astronauts and numerous other organisms from Earth’s ecosystems from bacteria to plants to rats. Research is conducted on the spacecraft from hundreds of organizations worldwide ranging from academic institutions to large industrial companies and from high-tech start-ups to high-school science classes.
    [Show full text]
  • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 JOSEPH H. HUNT Assistant Attorney General Civil Divis
    Case 2:18-cv-02660-JAM-DB Document 2 Filed 09/30/18 Page 1 of 3 JOSEPH H. HUNT 1 Assistant Attorney General 2 Civil Division MCGREGOR SCOTT 3 United States Attorney BRINTON LUCAS 4 Counsel to the Assistant Attorney General 5 JAMES J. GILLIGAN Acting Director, Federal Programs Branch 6 JACQUELINE COLEMAN SNEAD 7 Assistant Branch Director, Federal Programs Branch DAVID SHELLEDY 8 Civil Chief, Assistant United States Attorney JOSEPH BORSON (Va. Bar No. 85519) 9 KEVIN SNELL (NY Bar) 10 Trial Attorneys U.S. Department of Justice 11 Civil Division, Federal Programs Branch 1100 L St. NW 12 Washington, DC 20530 13 Telephone: (202) 305-0924 Fax: (202) 616-8460 14 E-mail: [email protected] 15 Attorneys for the United States 16 UNITED STATES DISTRICT COURT 17 EASTERN DISTRICT OF CALIFORNIA 18 THE UNITED STATES OF AMERICA, 19 Plaintiff, Case No. 20 v. NOTICE OF MOTION AND MOTION 21 FOR PRELIMINARY INJUNCTION THE STATE OF CALIFORNIA; 22 EDMUND GERALD BROWN JR., 23 Governor of California, in his Official Capacity, and XAVIER BECERRA, 24 Attorney General of California, in his 25 Official Capacity, 26 Defendants. 27 28 Notice of motion and motion Case 2:18-cv-02660-JAM-DB Document 2 Filed 09/30/18 Page 2 of 3 NOTICE 1 Notice is hereby given that the United States of America makes the following motion, 2 which it proposes to notice for a hearing on a date 28 days from the date of service or as soon 3 4 thereafter as the matter can be heard at a yet to be determined courtroom.
    [Show full text]
  • March 25-27, 2011 Pier 94, NYC Katrin Alvarez
    March 25-27, 2011 Pier 94, NYC Katrin alvarez What you have dreamed of is what she paints so you can be in peace too... “In the begInnIng there was woman...” - oIl on canvas-95x125cm Booth NumBer. S400 PhoNe. 49.221.9354084 Discover Sylvie Bisson’s work at booth #835 and at www.FeelMyArt.com 2 WeB site. www.Katrin-alvarez.de email. [email protected] 3 4 5 PETER CHAING L.L.C. One Great Art Show Can Change the World WEALTH, WEALTH, FAME, COMPETITION, and POWER WAR, WAR, FAITH, LOVE, and REDEMPTION Booth: S207 Ph: 571 276 6148 [email protected] www.peterchaing.com 6 7 DUCHAMPIAN POSTMODERN CONCEPTUAL ART THEORY IS A HOAX “The anti-retinal / conscious mind - concept driven theory of art championed by the status quo elite has dominated contemporary art culture in the United States for the past 50 years. This theory that justifies and supports the foundation for the era of Postmodernism is totally false.” George Sakkal, 2011 Artist, educator, writer and research analyst George Sakkal will provide evidence adapted and applied from the fields of cognitive psychology and neuroscience discoveries, made since 1980, to prove conclusively that Marcel Duchamp’s Postmodern conceptual – anti-retinal theory of art is bogus. You are encouraged to attend Sakkal’s revolutionary, thought provoking presentation, “The Problem with Postmodern Art Theory: The Visual versus the Conceptual”. This lecture will be held on Saturday, March 26, 2011, at 2:00 p.m. on Stage # 1. This lecture will reveal the myth of Duchamp’s theory and advance in its place the Human Creative Response, and initi- ate the art movement, CUVISM, Cognitive Unconscious Visual- ism.
    [Show full text]
  • THE POWER of PARTNERSHIP BELD Annual Report 2004 from the General Manager
    BRAINTREE ELECTRIC LIGHT DEPARTMENT THE POWER OF PARTNERSHIP BELD annual report 2004 FROM the general manager... 2004 was an exciting and challenging year for Braintree Electric Light Department. The Electric Division was able to hold rates steady even when energy prices—driven by the cost of natural gas—fluctuated significantly. A number of major projects were completed as well, including improvements to our underground 115 kV transmission system loop, the electrical tie under Route 128 between Wood Road and Brooks Drive, and the installation of decorative streetlights in the Washington Street area. Major projects planned for 2005 include rebuilding and lowering the profile of our Plain Street substation and the installation of a new Supervisory Control and Data Acquisition (SCADA) system. Both of these projects will increase the reliability of our electrical distribution network. William G. Bottiggi The Broadband Division also continued to perform well in the competitive market of General Manager cable TV and high-speed Internet. High-definition television (HDTV) was introduced, and the Cable Modem Termination System (CMTS) was replaced with new higher-capacity equipment. As a result, Internet download speeds were increased from 3 Mbps to 5 Mbps, keeping us ahead of the competition. Even with the expense of these upgrades and other improvements, the Broadband BRAINTREE MUNICIPAL LIGHT BOARD “As they say on my own Division was able to maintain price points significantly below the competition. We are Braintree Electric Light Department (BELD) is a public power looking forward to enhancing our customers’ broadband experience during 2005 with the utility—one of over 2,000 in the country.
    [Show full text]
  • Mutual Funds As Venture Capitalists? Evidence from Unicorns1
    Mutual Funds as Venture Capitalists? Evidence from Unicorns1 Sergey Chernenko Josh Lerner Yao Zeng Purdue University Harvard University University of Washington and NBER December 2018 Abstract Using novel contract-level data, we study open-end mutual funds investing in unicorns—highly valued, privately held start-ups—and their association with corporate governance provisions. Larger funds and those with more stable funding are more likely to invest in unicorns. Both mutual fund participation and the mutual fund share of the financing round are strongly correlated with the round’s contractual provisions. Compared to venture capital groups, mutual funds are underrepresented on boards of directors, suggesting less direct monitoring. However, rounds with mutual fund participation have stronger redemption and IPO-related rights, consistent with mutual funds’ liquidity needs and vulnerability to down-valuation IPOs. 1 We thank Francesca Cornelli, Slava Fos, Jesse Fried, Will Gornall, Jarrad Harford, Michelle Lowry, William Mann, John Morley, Ramana Nanda, Clemens Sialm, Morten Sorensen, Ilya Strebulaev, Xiaoyun Yu, and conference and seminar participants at the 2017 LBS Private Equity Symposium, the 2018 NYU/Penn Conference on Law and Finance, the 2017 Southern California Private Equity Conference, the 2018 Stanford Financing of Innovation Summit, the 2018 UNC Private Capital Spring Research Symposium, and the 2018 Western Finance Association meetings. We thank Michael Ostendorff for access to the certificates of incorporation collected by VCExperts. We are grateful to Jennifer Fan for constantly helping us better interpret and code the certificates of incorporation. We thank Quentin Dupont, Luna Qin, Kathleen Ryan, Michael Sibbett, Bingyu Yan, and Wyatt Zimbelman for excellent research assistance.
    [Show full text]
  • Vintage Game Consoles: an INSIDE LOOK at APPLE, ATARI
    Vintage Game Consoles Bound to Create You are a creator. Whatever your form of expression — photography, filmmaking, animation, games, audio, media communication, web design, or theatre — you simply want to create without limitation. Bound by nothing except your own creativity and determination. Focal Press can help. For over 75 years Focal has published books that support your creative goals. Our founder, Andor Kraszna-Krausz, established Focal in 1938 so you could have access to leading-edge expert knowledge, techniques, and tools that allow you to create without constraint. We strive to create exceptional, engaging, and practical content that helps you master your passion. Focal Press and you. Bound to create. We’d love to hear how we’ve helped you create. Share your experience: www.focalpress.com/boundtocreate Vintage Game Consoles AN INSIDE LOOK AT APPLE, ATARI, COMMODORE, NINTENDO, AND THE GREATEST GAMING PLATFORMS OF ALL TIME Bill Loguidice and Matt Barton First published 2014 by Focal Press 70 Blanchard Road, Suite 402, Burlington, MA 01803 and by Focal Press 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN Focal Press is an imprint of the Taylor & Francis Group, an informa business © 2014 Taylor & Francis The right of Bill Loguidice and Matt Barton to be identified as the authors of this work has been asserted by them in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
    [Show full text]
  • Profiles in Innovation: Artificial Intelligence
    EQUITY RESEARCH | November 14, 2016 Artificial intelligence is the apex technology of the information era. In the latest in our Profiles in Innovation Heath P. Terry, CFA series, we examine how (212) 357-1849 advances in machine [email protected] learning and deep learning Goldman, Sachs & Co. have combined with more Jesse Hulsing powerful computing and an (415) 249-7464 ever-expanding pool of data [email protected] to bring AI within reach for Goldman, Sachs & Co. companies across Mark Grant industries. The development (212) 357-4475 [email protected] of AI-as-a-service has the Goldman, Sachs & Co. potential to open new markets and disrupt the Daniel Powell (917) 343-4120 playing field in cloud [email protected] computing. We believe the Goldman, Sachs & Co. ability to leverage AI will Piyush Mubayi become a defining attribute (852) 2978-1677 of competitive advantage [email protected] for companies in coming Goldman Sachs (Asia) L.L.C. years and will usher in a Waqar Syed resurgence in productivity. (212) 357-1804 [email protected] Goldman, Sachs & Co. PROFILESIN INNOVATION Artificial Intelligence AI, Machine Learning and Data Fuel the Future of Productivity Goldman Sachs does and seeks to do business with companies covered in its research reports. As a result, investors should be aware that the firm may have a conflict of interest that could affect the objectivity of this report. Investors should consider this report as only a single factor in making their investment decision. For Reg AC certification and other important disclosures, see the Disclosure Appendix, or go to www.gs.com/research/hedge.html.
    [Show full text]
  • National Finals Rodeo Tv Schedule Espn
    National Finals Rodeo Tv Schedule Espn Glimmery Zedekiah still misjudges: unawed and sophistic Denny fancy quite stealthily but highjack her rental more. Shurwood often armour jocularly when hurtling Manuel relocate reconcilably and patronages her sensitiser. Rudy yen his pen-friend mooches restrainedly or twofold after Constantine fogging and trepanned stickily, saw-set and smothery. Remembering that i freelanced with your area women have historically taken place at this box office does not you do it has a lot of close competitions and Heeler bucky campbell of the rodeo tv schedule subject to acetylation is owned by late night. What route the NFR Rodeo and me the play access tickets. The 2011 Wrangler National Finals Rodeo would be show on the. The Wrangler National Finals Rodeo begins on Thursday and CBS. Is the 2020 NFR televised? News and sports formats on saddle and cable television networks were. Watch Streams day-2 NFR 2020 Live Reddit National Finals Rodeo LiveStream Online How To. Events stock and TV schedules log library to httpwwwprorodeocom for complete. ESPN aired putt-putt tournaments dancing competitions spelling bees rodeos pet. FS1 PBA The Players Championship West Region Finals Jupiter Fla. Basketball Association and slide of the NBA the men's National Basketball. Sports TV listings for Saturday Feb 13 Sports roanokecom. Who National Finals Rodeo When clear through Dec 13 Where Thomas. His authentic tickets in trying out how to be airing tonight on where you are listed at lysines from. TV radio here The Boston Globe. National Finals TONIGHT Dan Miller's Cowboy Music Revue. 13 million viewers tuned in space all 10 rounds of the Finals were hung on ESPN and ESPN2.
    [Show full text]
  • View July 2014 Report
    MOBILE SMART FUNDAMENTALS MMA MEMBERS EDITION JULY 2014 messaging . advertising . apps . mcommerce www.mmaglobal.com NEW YORK • LONDON • SINGAPORE • SÃO PAULO MOBILE MARKETING ASSOCIATION JULY 2014 REPORT The Playbook Over the last few months we’ve been building a unique resource that will help our brand marketer members successfully develop and execute a mobile strategy, allowing them to deliver a consistent mobile brand experience on a global scale. Enter our Mobile Marketing Playbook (Press Release). Launched last week and created in partnership with global sporting goods giant, adidas, it aims to explain when, where and how companies can use mobile as core to their marketing efforts. Whilst we’ve seen some incredible work this year, as evidenced by the many great mobile campaigns submitted to our 2014 Smarties Awards Program (currently in pre-screening), one of the challenges marketers still face is how to make mobile an integral part of their mix. The Playbook takes marketers through the process of mobile strategy development from start to finish. It provides best practices around mobile executions, ways to leverage the myriad mobile vehicles, insights into mobile creative effectiveness and how companies can effectively measure and optimize mobile. To address the ever changing needs of and challenges faced by marketers, the Playbook will be regularly updated to reflect shifts in consumer behavior, mobile trends as they are introduced, and innovations that are continuously being developed through and with mobile. This will be accomplished in part by the annual addition of well over 500 case studies into our Case Study Hub, helping to define best practice and to serve as a source of inspiration to our marketer members Members can access the entire Playbook by logging in using your member login and password where directed.
    [Show full text]
  • USCA Case #15-1063 Document #1567539 Filed: 08/12/2015 Page 1 of 46 Initial Version—CORRECTED
    USCA Case #15-1063 Document #1567539 Filed: 08/12/2015 Page 1 of 46 Initial Version—CORRECTED ORAL ARGUMENT SCHEDULED FOR DECEMBER 4, 2015 Nos. 15-1063 (and consolidated cases) ________________________________________ IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT ________________________________________ UNITED STATES TELECOM ASSOCIATION, et al., Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION, et al., Respondents. ________________________________________ On Petition for Review from the Federal Communications Commission ________________________________________ BRIEF FOR INTERVENORS FOR PETITIONERS TECHFREEDOM, CARI.NET, JEFF PULVER, SCOTT BANISTER, CHARLES GIANCARLO, WENDELL BROWN, AND DAVID FRANKEL ________________________________________ BERIN M. SZOKA C. BOYDEN GRAY THOMAS W. STRUBLE ADAM J. WHITE TECHFREEDOM ADAM R.F. GUSTAFSON 110 Maryland Avenue, Suite 409 BOYDEN GRAY & ASSOCIATES Washington, DC 20002 1627 I Street NW, Suite 950 202-803-2867 Washington, DC 20006 [email protected] 202-955-0620 [email protected] August 6, 2015 Counsel for Intervenors USCA Case #15-1063 Document #1567539 Filed: 08/12/2015 Page 2 of 46 CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to D.C. Circuit Rules 26.1 and 28(a)(1), and Fed. R. App. P. 26.1, the undersigned counsel certifies as follows: (A) Parties and Amici. Except for the following amici, all parties and intervenors appearing before the FCC and this Court are listed in the Joint Brief for Petitioners United States Telecom Association
    [Show full text]
  • 2017-18 Louisville Basketball Louisville Basketball
    2017-18 Louisville Basketball Louisville Basketball 2017-18 Men’s Basketball Schedule Date Opponent Site Time (ET) Television October Mon. 30 KENTUCKY WESLEYAN/exhibition KFC YUM! CENTER 7:00 p.m. ACC Network Extra November Tues. 7 BELLARMINE/exhibition KFC YUM! CENTER 7:00 p.m. ACC Network Extra Sun. 12 GEORGE MASON KFC YUM! CENTER 2:00 p.m. RSN Fri. 17 NEBRASKA OMAHA KFC YUM! CENTER 7:00 p.m. ACC Network Extra Tues. 21 SOUTHERN ILLINOIS KFC YUM! CENTER 7:00 p.m. RSN Fri. 24 ST. FRANCIS KFC YUM! CENTER 7:00 p.m. ACC Network Extra Tues. 28 at Purdue in Big Ten/ACC Challenge West Lafayette, Ind. 8:00 p.m. ESPN December Sun. 3 SETON HALL in Billy Minardi Classic KFC YUM! CENTER 4:00 p.m. ESPN2 Wed. 6 SIENA in Gotham Classic KFC YUM! CENTER 7:00 p.m. ESPN2 Sat. 9 INDIANA KFC YUM! CENTER 2:00 p.m. ESPN Mon. 11 BRYANT in Gotham Classic KFC YUM! CENTER 7:00 p.m. ESPNU Sat. 16 vs. Memphis in Gotham Classic New York, N.Y. Noon ESPN2 Madison Square Garden Wed. 20 ALBANY in Gotham Classic KFC YUM! CENTER 9:00 p.m. ESPNU Sat. 23 GRAND CANYON KFC YUM! CENTER 1:00 p.m. ACC Network Extra Fri. 29 at Kentucky Lexington, Ky. 1:00 p.m. CBS January Tues. 2 PITTSBURGH KFC YUM! CENTER 9:00 p.m. ESPNU Sat. 6 at Clemson Greenville, S.C. Noon ACCN/WAVE-TV Wed. 10 at Florida State Tallahasee, Fla. 9:00 p.m.
    [Show full text]
  • FWD: Notes from the Open Compute Summit, Part 2 2
    22 MARCH 2018 1. FWD: Notes from the Open Compute Summit, part 2 2. University College London carries 120 Terabit/s over a single repeatered fibre with Xtera 3. UK kicks off 5G spectrum auction 4. NTT Com plans 4th data center campus in Frankfurt 5. Dell EMC launches Virtual Edge Platform 6. Microsoft signs largest corporate solar deal in U.S. at 315 MW 7. Averon raises $13.3 million for mobile identity 8. CenturyLink overtakes AT&T on Vertical Systems Group Leaderboard 9. ETSI and OPNFV announce co-located testing 10. ZTE touts cloud native container platform for NFV 11. Samsung posts specs on its 10nm Exynos 7 Series 9610 12. Seagate shows 14TB helium-based Exos HDD Foreword FWD: Notes from the Open Compute Summit The annual Open Compute Project Summit, which is underway this week at the San Jose Convention Center, has attracted approximately 3,000 attendees to hear and discuss the latest innovations in hyperscale cloud engineering. The overall impression of the Open Compute Project Summit 2018 in San Jose is that the hyperscale cloud operators have reached such size and power that they are able to throw their weight around without worrying too much about niceties such as industry standards and specifications. Although participants in the OCP talked about being part of a community, in reality it is clear that Facebook, Microsoft and Google use the forum as a way of communicating their interests and requirements to the industry without having to seek compromise and negotiated agreement as has been typical in the IETF or the IEEE.
    [Show full text]