The D.C. Circuit recently issued its ruling on the Appeal. Fibertower Spectrum
Holdings v. FCC, No. 14-1039, 2015 WL 1499294 (D.C. Cir. April 3, 2015). The D.C. Circuit
affirmed the Reconsideration Denial as to whether Fibertower met the substantial service
standard for 647 Licenses and vacated the Reconsideration Denial (and remanded to the FCC) as
to whether Fibertower met the substantial service standard for 42 Licenses. The D.C. Circuit
also remanded the matter to the FCC for further proceedings on whether waiver and extension
relief should be granted.
Fibertower may pursue additional administrative and judicial review concerning
the Licenses and the Appeal. At least one year from the date of this Joint Motion likely will be
required for briefing and decision of these matters.
To conserve the resources of the parties and this Court, the Court should postpone
the FCC’s deadline to respond to the Complaint for approximately one additional year and
extend other deadlines in this case accordingly.
The Parties have agreed to the time frames set forth in the attached form of
Agreed Amended Scheduling Order and thus request that the Court enter the same.