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No. 84 OPINION and JUDGMENT filed : PETITION DENIED

Document Consumers' Research, et al v. FCC, et al, 21-3886, No. 84 (6th Cir. May. 4, 2023)

Motion for Judgment

5 Nonetheless, even if the Q4 2021 Contribution Factor is not a final order, we agree with Petitioners that the Q4 2021 Contribution Factor reapplies prior final FCC actions that restart the sixty-day clock.

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No. 160 REPLY BRIEF filed by Attorney Mr. Jeffrey Bryan Wall for Petitioners NCTA - The Internet & ...

Document MCP No. 185 Open Internet Rule (FCC 24-52), 24-7000, No. 160 (6th Cir. Oct. 2, 2024)

A panel of this Court unanimously concluded that “petitioners are likely to succeed on the merits because the final rule implicates a major question, and the Commission has failed to satisfy the high bar for imposing such regulations.” Stay Op., App. 548.

To the contrary, the Supreme Court approvingly quoted West Virginia v. EPA in explaining that it “expect[s] Congress to delegate ... expressly, if at all,” authority of “deep economic and political significance.” 144 S. Ct. at 2269 (internal quotation marks omitted).

whether to mandate vaccination, NFIB v. OSHA, 595 U.S. 109 (2022); whether to switch from fossil fuels to renewables, West Virginia, 597 U.S. at 697; or whether to forgive large amounts of student debt, Biden v. Nebraska, 143 S. Ct. 2355 (2023).

Unlike broadband, consumers do not see telephone service as offering the “capability” to retrieve or utilize information; they buy it to acquire “telecommunications,” i.e., “the transmission ... without change in the form or content” of voices from one person to another.

The Stevens Report says that repeatedly: ISPs “typically provide[d] their subscribers with the ability to run a variety of applications, including World Wide Web browsers” (used to access third-party webpages) and “FTP clients” (used to download files from third parties).

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- Ohio Telecom Association
- Ustelecom, the Broadband Association
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No. 137 UNOPPOSED MOTION filed by Mr. Daniel Hirotsu Woofter for Free Press, New America's Open Technology ...

Document MCP No. 185 Open Internet Rule (FCC 24-52), 24-7000, No. 137 (6th Cir. Sep. 12, 2024)

None oppose this motion.

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- Ustelecom, the Broadband Association
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No. 171 PUBLISHED OPINION FILED

Document Consumers' Research v. FCC, 22-60008, No. 171 (5th Cir. Mar. 24, 2023)

The FCC, nonetheless, approved USAC’s proposal on December 27, 2021.

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- Cause Based Commerce
- Consumers' Research
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- Boyden Gray & Associates

No. 125 MOTION filed by Ms. Zoe A. Jacoby for NCTA - The Internet & Television Association, Ohio Telecom ...

Document MCP No. 185 Open Internet Rule (FCC 24-52), 24-7000, No. 125 (6th Cir. Aug. 30, 2024)

Case: 24-7000 Document: 125 Filed: 08/30/2024 Page: 1 Nos. 24-7000, 24-3449, 24-3538 In the United States Court of Appeals for the Sixth Circuit

Counsel is leaving Sullivan & Cromwell LLP effective August 30, 2024.

Wall, Morgan L. Ratner, and Maxwell F. Gottschall of Sullivan & Cromwell, and will not be prejudiced by this withdrawal.

This motion complies with Federal Rule of Appellate Procedure 27(d)(2) because it contains 68 words.

This motion also complies with the requirements of Federal Rule of Appellate Procedure 32(a) because it was prepared in 14-point font using a proportionally spaced typeface.

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No. 111 UNOPPOSED MOTION to file a CORRECTED AMICUS BRIEF filed by William P. Barr for Senator Ted ...

Document MCP No. 185 Open Internet Rule (FCC 24-52), 24-7000, No. 111 (6th Cir. Aug. 20, 2024)

Motion to File Substitute Brief

I, William P. Barr, Counsel for Amici Curiae Senator Ted Cruz, Representative Cathy McMorris Rodgers, and six other Members of Congress, hereby respectfully move the Court for leave to file a corrected Amicus Brief in the above-captioned matter.

A corrected brief is required due to a typographical error on page 8 of the brief.

Specifically, the first sentence of the last paragraph on page 8 reads “broadband access is not an ‘information service.’” This sentence should state that “broadband access is an ‘information service.’” Additionally, the corrected brief corrects two typographical errors in the signature block.

For these reasons, Counsel respectfully requests that the Court grant leave to file a Corrected Amicus Brief.

This motion complies with the type-volume limitations of Federal Rule of Appellate Procedure 27(d)(2)(a) because it contains 146 words.

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