American Cable Association v. Federal Communications Commission

Petition for certiorari denied on November 5, 2018

Linked with:

Docket No.	Argument	Opinion	Vote	Author	Term
17-500	N/A	N/A	N/A	N/A	OT 2018

Issue: (1) Whether the Federal Communications Commission has statutory authority under the Telecommunications Act of 1996 to impose common-carrier regulation on internet-access service; and (2) whether the FCC's order below was arbitrary, capricious, an abuse of discretion, or undertaken without observance of the procedures required by law.

SCOTUSblog Coverage

Divided court denies review in "net neutrality" cases (Amy Howe, November 5, 2018)
Petitions of the day (Aurora Barnes, November 1, 2017)

Date	Proceedings and Orders (key to color coding)
07/10/2017	Application (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.
07/20/2017	Application (17A54) granted by The Chief Justice extending the time to file until September 28, 2017.
09/28/2017	Petition for a writ of certiorari filed. (Response due November 2, 2017)
10/12/2017	Blanket Consent filed by respondents, United States Telecom Association, CenturyLink, Inc.VIDED
10/13/2017	Blanket Consent filed by respondent-intervenors, Free Press, Open Technology Institiute-New America, and Public Knowledge.(VIDED)
10/13/2017	Blanket Consent filed by respondent-intervenor, Cogent Communications, Inc.(VIDED)
10/14/2017	Blanket Consent filed by respondent-intervenor, Center for Democracy & Technology VIDED
10/18/2017	Blanket Consent filed by respondent-intervenor, Akamai Technologies, Inc. VIDED
10/23/2017	Waiver of right of respondent NCTA - The Internet and Television Association to respond filed.
10/24/2017	Waiver of right of respondent United States Telecom Association, CenturyLink, Inc. to respond filed.
10/24/2017	Blanket Consent filed by respondent-intervenor, Ad Hoc Telecommunications Users Committee VIDED
10/25/2017	Order extending time to file response to petition to and including December 4, 2017, for all respondents.
10/25/2017	Waiver of right of respondent CTIA - Wireless Association to respond filed.
10/30/2017	Blanket Consent filed by respondent, NCTA - The Internet and Television Association. VIDED
11/01/2017	Blanket Consent filed by respondent-intervenors, COMPTEL (d/b/a INCOMPAS), et al. VIDED
11/02/2017	Brief amici curiae of Pacific Legal Foundation, et al. filed. VIDED.
11/02/2017	Brief amici curiae of Judicial Watch, Inc., et al. filed. VIDED.
11/08/2017	Blanket Consent filed by Respondent, CTIA - The Wireless Association.
11/22/2017	Motion to extend the time to file a response from December 4, 2017 to January 3, 2018, submitted to The Clerk.
11/27/2017	Order further extending time to file response to petition to and including January 3, 2018, for all respondents.
12/18/2017	Motion to extend the time to file a response from January 3, 2018 to February 2, 2018, submitted to The Clerk.
12/19/2017	Motion 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.
01/19/2018	Motion to extend the time to file a response from February 2, 2018 to March 5, 2018, submitted to The Clerk.
01/23/2018	Motion 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.
03/02/2018	Motion to extend the time to file a response from March 5, 2018 to April 4, 2018, submitted to The Clerk.
03/05/2018	Motion 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.
03/30/2018	Motion to extend the time to file a response from April 4, 2018 to May 4, 2018, submitted to The Clerk.
04/02/2018	Motion to extend the time to file a response is granted and the time is extended to and including May 4, 2018, for all respondents
04/27/2018	Motion to extend the time to file a response from May 4, 2018 to June 4, 2018, submitted to The Clerk.
04/30/2018	Motion 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.
05/30/2018	Motion 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.
05/30/2018	Motion to extend the time to file a response from June 4, 2018 to August 15, 2018, submitted to The Clerk.
08/02/2018	Brief of Federal Respondents filed. VIDED.
08/07/2018	Motion to extend the time to file a response from August 15, 2018 to September 14, 2018, submitted to The Clerk.
08/09/2018	Motion to extend the time to file a response is granted and the time is extended to and including September 14, 2018, for all respondents.
09/14/2018	Brief of respondent Free Press in opposition filed. VIDED.
09/14/2018	Brief of respondents Public Knowledge, et al. in opposition filed. VIDED.
10/03/2018	DISTRIBUTED for Conference of 10/26/2018.
10/03/2018	Reply of petitioner American Cable Association filed. VIDED. (Distributed)
10/29/2018	DISTRIBUTED for Conference of 11/2/2018.
11/05/2018	Petition 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.