Insights
Briefing Orders Issued in Battle Over State Laws Restricting Municipal Broadband
By Leslie Gallagher Moylan
07.21.15
The 6th Circuit Court of Appeals issued briefing orders in the two Petition for Review proceedings brought by the states of Tennessee and North Carolina seeking review of the FCC’s vote to strike 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 details of the FCC’s vote and order are available here and here. In each proceeding, the states’ opening briefs are due September 1, 2015 and the FCC’s brief is due October 5, 2015. Each state’s reply brief is due 17 days after the FCC’s brief. The intervenors’ briefs are due on the same date as the party supported.