No. 15-
UNITED STATES COURT OF APPEALS

FOR THE FOURTH CIRCUIT
STATE OF NORTH CAROLINA,
Petitioner,
v. PETITION FOR REVIEW

 

FEDERAL COMMUNICATIONS
COMMIS SIGN, and








UNITED STATES OF AMERICA, 



Respondents.

Pursuant to 47 U.S.C. 402(a), 28 U.S.C, 2342(1) and 2344, and Rule

15(a) of the Federal Rules of Appellate Procedure, the State of North Carolina
hereby petitions this Court for review of the ?nal order of the Federal
Communications Commission or ?Commission?) captioned ?In the Matter
of City of Wilson, North Carolina Petition for Preemption of North Carolina
General Statute Sections 160A-340 et seq; The Electric Power Board of
Chattanooga, Tennessee Petition for Preemption of a Portion of Tennessee Code
Annotated Section 7-5260,? Memorandum Opinion and Order, FCC 15-25, WC
Docket Nos, 14-115 and 14?116 (?Order?). The Order was released on March 12,
2015, and stated that it became effective upon release. (Order, p. 76, $85)
A copy of the full text-of the Order is attached as Exhibit A and is available at



 

 

 

In the Order, the FCC preempts North Carolina?s statutory law (N.C.G.S.
et seq.) and provisions of Session Law 2011-84 governing municipal
provisioning and operation of broadband communications services. Despite
recognition that the State of North Carolina creates and retains control over
municipal governments, the FCC unlawfully inserted itself between the State and
the State?s political subdivisions. North Carolina, as a sovereign State and a party
to the proceeding below, is aggrieved and seeks relief on the grounds that the
Order:

(1) is contrary to the United States Constitution;

(2) is in excess of the Federal Communication Commission?s authority;

(3) is arbitrary, capricious, and an abuse of discretion within the meaning of

the Administrative Procedure Act; and

(4) is otherwise contrary to law.

Venue is proper in this Court pursuant to 28 U.S.C. 2343. The State of
North Carolina acknowledges that the State of Tennessee ?led its Petition for
Review from the Order in the United States Court of Appeals for the Sixth Circuit
on 20 March 2015. (State of Tennessee v. Federal Communications Commission,

Docket No. 15?3291)

 

North Carolina respectfully requests that this Court hold unlawful, vacate,
enjoin, and set aside the Order, and provide such additional relief as may be

appropriate.
Respectfully submitted, this the day of May, 2015.

ROY COOPER
Attorney General

3/ John F. Maddrey
John F. Maddrey
Solicitor General

3/ Robert T. Hargett
Robert T. Hargett
Senior Deputy Attorney General

NC Department of Justice

Post Of?ce Box 629

Raleigh, NC 27602

Telephone: (919) 716-6900

Facsimile: (919) 716?6763

E-mail: imaddrev@ncdoi . gov
rhargett@ncdoi . 

Attorneys for Petitioner

 

CERTIFICATE OF SERVICE

I, John F. Maddrey, hereby certify that on, May 11, 2015, I ?led the
foregoing Petition for Review via the Court?s ECF ?ling system, and caused one
copy of the Petition for Review to be delivered by ?rst class mail and electronic

mail, Where speci?ed, to:

Jonathan Sallet

Federal Communications Commission
Of?ce of the General Counsel

Room 8?A74l

445 12th Street, SW.

Washington, DC 20554

onathan.Sallet@fcc.gov

Counsel for the edera]
Communications Commission

Loretta E. 

U.S. Attorney General

US. Department of Justice

950 Avenue, NW.
Room 3601

Washington, DC 20530-0001

Catherine G. O?Sullivan

US. Department of Justice

Antitrust Division/Appellate Division
950 Ave., NW. Room 3224
Washington, DC 20530?0001

Catherine.O Sullivan@usdoj . gov

Counsel for the United States of America

ROY COOPER
Attorney General

s/ John F. Maddrev
John F. Maddrey
Solicitor General

 

CERTIFICATE OF SERVICE

I further certify that on May llth, 2015, I caused one copy of the Petition
for Review be delivered by ?rst class mail to the parties listed below, who
participated in the FCC proceeding, consistent with Federal Rule of Appellate
Procedure The Order is available at:



ROY COOPER
Attorney General

3/ John F. Maddrev
John F. Maddrey
Solicitor General