No. 20-1354
City of Portland, Oregon, et al. v. Federal Communications Commission, et al.
Amici (1)Response Waived
Tags: administrative-interpretation administrative-law brand-x fcc-preemption federal-communications-commission local-government-regulation municipal-rights preemption public-property-access statutory-interpretation telecommunications-law telecommunications-regulation
Key Terms:
Securities JusticiabilityDoctri
Securities JusticiabilityDoctri
Latest Conference:
2021-06-24
Question Presented (from Petition)
1. Did the court of appeals err in upholding the FCC's interpretation of "effect of prohibiting" in light of its plain meaning, lack of a limiting standard, and Brand X?
2. Did the divided court of appeals err in affirming the FCC's interpretation of Section 253 to mandate access, at cost, to public property for private commercial use?
Question Presented (AI Summary)
Did the court of appeals err in upholding the FCC's interpretation of 'effect of prohibiting' in light of its plain meaning, lack of a limiting standard, and Brand X?
Docket Entries
2021-06-28
Petition DENIED.
2021-06-15
Reply of petitioners City of Portland, et al. filed. (Distributed)
2021-06-08
DISTRIBUTED for Conference of 6/24/2021.
2021-06-02
Brief of respondents Federal Respondents in opposition filed.
2021-06-02
Brief of respondent CTIA -- The Wireless Association in opposition filed.
2021-05-25
Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
2021-05-20
Motion to extend the time to file a response is granted and the time is further extended to and including June 2, 2021, for all respondents.
2021-05-19
Motion to extend the time to file a response from May 26, 2021 to June 2, 2021, submitted to The Clerk.
2021-05-12
Waiver of right of respondents City of Austin, Texas, et al. to respond filed.
2021-04-26
Brief amici curiae of National Association of Counties, et al. filed.
2021-04-26
Brief of respondent International Municipal Lawyers Association in support of the petition filed. (Docket entry corrected 5/20/21)
2021-04-23
Motion to extend the time to file a response is granted and the time is extended to and including May 26, 2021, for all respondents.
2021-04-22
Motion to extend the time to file a response from April 26, 2021 to May 26, 2021, submitted to The Clerk.
2021-03-22
Petition for a writ of certiorari filed. (Response due April 26, 2021)
Attorneys
City of Austin, Texas, et al.
Gerard Lavery Lederer — Best Best & Krieger LLP, Respondent
City of Portland, et al.
Joseph Van Eaton — Best Best & Krieger, Petitioner
CTIA -- The Wireless Association
Joshua S. Turner — Wiley Rein LLP, Respondent
Federal Communications Commission, et al.
Elizabeth B. Prelogar — Acting Solicitor General, Respondent
International Municipal Lawyers Association
National Association of Counties, U.S. Conference of Mayors, Government Finance Officers Association
The Wireless Infrastructure Association