OTMR Effective Date and Ninth Circuit Briefing Schedule Announced
Posted in Cable, DWT Advisory,
one-touch make-ready (OTMR) rules in the Federal Register and set May 20, 2019 as
the effective date for these rules.As previously reported by DWT the joint electric utility challenge to the OTMR rules
was transferred to the Ninth Circuit and consolidated with the challenge to the FCC
rules prohibiting state and local telecommunications deployment moratoria.
Yesterday the Appellate Commissioner in the Ninth Circuit held a case management
conference to address (a) the consolidated petitions for review challenging the OTMR
portion (Case No. 19-70490) and the moratoria portion (lead Case No. 18-72689) of the
FCC’s August 2018 Third Report and Order and Declaratory Ruling; and
(b) the consolidated petitions for review concerning the Commission’s September 2018
Infrastructure Order (lead Case No. 19-70123) in the Declaratory Ruling and Third Report
and Order. The Appellate Commissioner announced the following briefing schedule for
Case Nos. 18-72689 (moratoria) and 19-70123 (infrastructure):
| Filing | Deadline |
| Certified administrative record | May 10, 2019 |
| Petitioner’s opening briefs | June 10, 2019 |
| Petitioner-intervenors’ briefs | June 17, 2019 |
| Respondents’ answering briefs | August 8, 2019 |
| Respondent-intervenors’ briefs | August 15, 2019 |
| Petitioners’ optional reply briefs | September 4, 2019 |
| Petitioner-intervenors’ optional reply briefs | September 6, 2019 |
The briefing schedule for Case No. 19-70490 (OTMR) is as follows:
| Filing | Deadline |
| Certified administrative record | May 10, 2019 |
| Petitioner’s opening briefs | June 24, 2019 |
| Respondents’ answering briefs | August 22, 2019 |
| Respondent-intervenors’ briefs | August 29, 2019 |
| Petitioners’ optional reply briefs | September 18, 2019 |
In a separate order, the court will address the pending FCC requests to stay consideration
of the Petitions for Review until the FCC has ruled on pending reconsideration requests at
the agency. Argument is not scheduled yet but any party may move to expedite argument
after the due date for Respondents’ answering briefs.
