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FCC Wants Briefing Schedule in QR Case Stayed

The FCC asked the 3rd U.S. Circuit Court of Appeals to pause the briefing schedule on the 2014 quadrennial review order. With the shutdown to end soon, it wasn’t clear Friday how the court will respond. President Donald Trump reached…

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a deal on a continuing resolution to reopen shuttered parts of the government through Feb. 15, which Congress was expected to have approved as soon as Friday night (see 1901240016). “Out of an abundance of caution, the Commission respectfully requests that the Court stay the briefing schedule until appropriations have been restored by Congress to the FCC" and DOJ, said an unopposed motion Thursday (in Pacer). The FCC’s respondent’s brief is due Feb. 14. The agency had asked that the schedule be resumed when federal funding does, and the 3rd Circuit then grant extension. Now, it's not clear if the court will grant the stay or extension, said Georgetown Law Institute for Public Representation Senior Counselor Andrew Schwartzman. If extension is granted, it would likely cause the other briefing dates in the case to be pushed back, Schwartzman told us.