The deadline to file an appeal of the FCC Order is December 14, 2016 (or later if a petition for reconsideration is filed). 28 U.S.C. § 2344. If not reconsidered, the FCC Order will likely be reversed on appeal.

Under the Hobbs Act, the D.C. Circuit has no jurisdiction to overturn prior rulemaking because the time to appeal FCC Rulings extending as far back as 1992 has long since expired. See 28 U.S.C. § 2344 (“Any party aggrieved by the final order may, within 60 days after its entry, file a petition to review the order in the court of appeals wherein venue lies.”).

In fact, the Hobbs Act forbids CCS’s attempts. Persons affected by an FCC order have only 60 days to appeal it, 28 U.S.C. § 2344, after which it becomes binding even if it contradicts the Constitution or the statute that empowers the agency in the first place. CE Design, Ltd., 606 F.3d at 450.

On or about January 6, 2011 the STB affirmed the Arbitration Award to Plaintiffs. Pursuant to 28 U.S.C. §2344, Defendants had sixty days to appeal the STB Decision to the Circuit Court. The appeal period has expired and the Defendants have chosen not to exercise their appellate rights. Accordingly the Plaintiffs move this Court to reinstate Plaintiffs’ prior Motion to Confirm Arbitration Award and to confirm and reduce to judgment the Arbitration Award as indicated in the Proposed Order attached hereto and incorporated herein.