Sixth Circuit Consolidates Cases, Sets New Briefing Schedule in Appeals Involving Municipal Broadband Laws

As expected, the Sixth Circuit Court of Appeals has consolidated the two Petition for Review proceedings brought by the states of Tennessee and North Carolina seeking review of the Federal Communications Commission’s order striking down provisions of North Carolina and Tennessee laws that allow municipalities to provide broadband service but otherwise limit the geographic area they may serve and impose other conditions on their operations. The Court also granted the parties’ request to modify the briefing schedule. The states’ opening briefs are now due Sept. 18, 2015, as are intervenors’ briefs in support of the states. The FCC’s brief is now due Nov. 5, 2015, as are intervenors’ briefs in support of the FCC. The states’ optional reply briefs are due 17 days after the FCC’s and supporting intervenors’ briefs.