On April 19, 2019, the FCC published the Office of Management and Budget’s approval of the 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.

DWT will continue to monitor this proceeding and issue updates with any noteworthy developments.

Update: On Wednesday, April 24, 2019, the Ninth Circuit denied the FCC’s motion to continue the stay of proceedings in Case No. 18-72689, and, as a result, the briefing schedule remains in effect.