• An update on the Open Internet Order appeal: Richard Levie, the Special Master overseeing discovery, ordered Sprint last week to produce several internal documents that AT&T has requested in discovery. They include documents relating to whether Sprint plans to seek a merger with T-Mobile if AT&T’s deal is ultimately blocked. Sprint has estimated that responsive documents number approximately 440,000 pages. Meanwhile, in filings with the Securities and Exchange Commission, AT&T has moved the anticipated closing date for the merger from March 2012 to an unspecified date “in the first half” of the year. Verizon Wireless v. FCC, Case No. 11-1355 and consolidated cases (D.D.C.).
  • On November 10, 2011, the Senate defeated S.J. Res. 6, the Resolution of Disapproval of the Open Internet Order, in a 52-46 vote along party lines. The Resolution is available here. The record on the vote is available here.