NCTA- The Internet and Television Association v. Federal Communications Commission
Linked with Berninger v. Federal Communications Commission (17-498), AT&T, Inc. v. Federal Communications Commission (17-499), American Cable Association v. Federal Communications Commission (17-500), CTIA-The Wireless Association v. Federal Communications Commission (17-501), TechFreedom v. Federal Communications Commission (17-503), United States Telecom Association v. Federal Communications Commission (17-504)
Certiorari Denied
Petition for certiorari denied on November 5, 2018.
Issue
(1) Whether it was arbitrary and capricious for the Federal Communications Commission to reverse long-standing policy without identifying and substantiating any actual changed circumstances or accounting for broadband providers" massive reliance interests; (2) whether the FCC violated the Administrative Procedure Act by failing to give adequate notice of key aspects of the final order; and (3) whether the FCC exceeded its statutory authorization by reclassifying broadband as a "telecommunications service."
Jul 10, 2017Application (17A54) to extend the time to file a petition for a writ of certiorari from July 30, 2017 to September 28, 2017, submitted to The Chief Justice.
Jul 20, 2017Application (17A54) granted by The Chief Justice extending the time to file until September 28, 2017.
Sep 28, 2017Petition for a writ of certiorari filed. (Response due November 2, 2017)Oct 11, 2017Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner NCTA- The Internet & Television Association.
Oct 12, 2017Blanket Consent filed by respondents, United States Telecom Association, CenturyLink, Inc.VIDED
Oct 13, 2017Blanket Consent filed by respondent-intervenors, Free Press, Open Technology Institute-New America, and Public Knowledge.(VIDED)
Oct 13, 2017Blanket Consent filed by respondent-intervenor, Cogent Communications, Inc.(VIDED)
Oct 14, 2017Blanket Consent filed by respondent-intervenor, Center for Democracy & Technology VIDED
Oct 18, 2017Blanket Consent filed by respondent-intervenor, Akamai Technologies, Inc.VIDED
Oct 24, 2017Blanket Consent filed by respondent-intervenor, Ad Hoc Telecommunications Users Committee VIDED
Oct 24, 2017Waiver of right of respondent United States Telecom Association, CenturyLink, Inc. to respond filed.
Oct 25, 2017Order extending time to file response to petition to and including December 4, 2017, for all respondents.
Oct 25, 2017Waiver of right of respondent CTIA - The Wireless Association to respond filed.
Nov 1, 2017Blanket Consent filed by respondent-intervenors, COMPTEL (d/b/a INCOMPAS), et al. VIDED
Nov 2, 2017Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.Nov 2, 2017Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED.Nov 8, 2017Blanket Consent filed by Respondent, CTIA - The Wireless Association.
Nov 22, 2017Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk.Nov 27, 2017Order further extending time to file response to petition to and including January 3, 2018, for all respondents.
Dec 18, 2017Motion to extend the time to file a response from January 3, 2018 to February 2, 2018, submitted to The Clerk.Dec 19, 2017Motion to extend the time to file a response is granted and the time is further extended to and including February 2, 2018, for all respondents.
Jan 19, 2018Motion to extend the time to file a response from February 2, 2018 to March 5, 2018, submitted to The Clerk.Jan 23, 2018Motion to extend the time to file a response is granted and the time is further extended to and including March 5, 2018, for all respondents.
Mar 2, 2018Motion to extend the time to file a response from March 5, 2018 to April 4, 2018, submitted to The Clerk.Mar 5, 2018Motion to extend the time to file a response is granted and the time is further extended to and including April 4, 2018, for all respondents.
Mar 30, 2018Motion to extend the time to file a response from April 4, 2018 to May 4, 2018, submitted to The Clerk.Apr 2, 2018Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2018, for all respondents.
Apr 27, 2018Motion to extend the time to file a response from May 4, 2018 to June 4, 2018, submitted to The Clerk.Apr 30, 2018Motion to extend the time to file a response is granted and the time is further extended to and including June 4, 2018, for all respondents.
May 30, 2018Motion to extend the time to file a response from June 4, 2018 to August 15, 2018, submitted to The Clerk.May 30, 2018Motion to extend the time to file a response is granted and the time is further extended to and including August 15, 2018, for all respondents.
Aug 2, 2018Brief of respondents Federal Respondents filed. VIDED.Aug 7, 2018Motion to extend the time to file a response from August 15, 2018 to September 14, 2018, submitted to The Clerk.Aug 9, 2018Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2018, for all respondents.
Sep 14, 2018Brief of respondent Free Press in opposition filed. VIDED.Sep 14, 2018Brief of respondents Public Knowledge, et al. in opposition filed. VIDED.Oct 3, 2018DISTRIBUTED for Conference of 10/26/2018.
Oct 3, 2018Reply of petitioner NCTA - The Internet and Television Association filed. (Distributed)Oct 29, 2018DISTRIBUTED for Conference of 11/2/2018.
Nov 5, 2018Petition DENIED. Justice Thomas, Justice Alito, and Justice Gorsuch would grant the petition, vacate the judgment of the United States Court of Appeals for the District of Columbia Circuit, and remand to that court with instructions to dismiss the case as moot. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). The Chief Justice and Justice Kavanaugh took no part in the consideration or decision of this petition.
Recommended Citation: NCTA- The Internet and Television Association v. Federal Communications Commission, SCOTUSblog, https://www.scotusblog.com/cases/ncta-internet-television-association-v-federal-communications-commission/