DC Circuit Denies FCC Bid to Suspend Review of Current Inmate Calling Case
A federal court rejected an FCC request to hold up inmate calling service litigation after the commission Aug. 4 approved an order to increase ICS rate caps currently under judicial review (see 1608110020 and 1608040037). The U.S. Court of Appeals…
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for the D.C. Circuit also revised the remaining briefing schedule in an order Friday by Judges Karen LeCraft Henderson and Cornelia Pillard, a motion panel in the case (Global Tel*Link v. FCC, No. 15-1461). ICS provider, state and sheriff petitioners challenging the commission's previous ICS orders filed their opening briefs earlier this summer (see 1606070030). Response briefs are now due from the FCC and DOJ Sept. 12, and from Network Communications International and other intervenors supporting the FCC Sept. 29. Reply briefs from petitioners and supporting intervenors are due Oct. 31. The parties were directed to file motions governing further proceedings within seven days of the deadline for challenging the FCC's Aug. 4 order. "I expect new petitions for review, new stay motions and new briefs. I imagine the new cases will catch up to the old ones," emailed Andrew Schwartzman, Georgetown Law Institute for Public Representation senior counselor, who represents intervenors supporting the FCC. GlobalTel*Link already said it intends to challenge the Aug. 4 order. “GTL applauds the action of the court, which offers all parties the shortest timeline to resolve the central issues of this proceeding -- rates below costs and whether the FCC has jurisdiction to control security policy in state, county and municipal corrections facilities,” emailed a GTL spokesman. “After years of discussion and debate, GTL looks forward to the definitive resolution of these questions and the end of uncertainty in the market.” The FCC didn't comment.