Adapted from an article by Jon Brodkin, Aug 12, 2020 | Original Ars Technica here.
The Ninth Circuit, Surprisingly, Upholds Significant FCC Overreach Into Municipal Rules
The Federal Communications Commission has defeated dozens of cities in court on many issues, with judges ruling that the FCC can preempt local fees and regulations imposed on wireless carriers deploying 5G networks. The ruling is good news for AT&T, Verizon, and T-Mobile.
Read the Aug 12, 2020 Ruling yourself.
The FCC voted to limit the fees that cities and towns in September 2018 could charge, saying the move would prevent local governments from charging wireless carriers about $2 billion worth of fees over five years related to deployment of wireless equipment such as small cells. That’s less than 1 percent of the estimated $275 billion that the FCC said carriers would have to spend to deploy Densified 4G/5G small cells throughout the United States. This is a forced subsidy from local governments to private Wireless Cos. that could still be challenged in Court on a case-by-case basis.
Cities promptly sued the FCC, but a ruling issued yesterday by the US Court of Appeals for the 9th Circuit went mostly in the FCC’s favor. It wasn’t a complete victory for the FCC, though, as judges overturned a portion of the FCC ruling that limited the kinds of aesthetic requirements cities and towns can impose on carrier deployments.
FCC Chairman Ajit Pai said wrote:
"The court rightly affirmed the FCC’s efforts to ensure that infrastructure deployment critical to Densified 4G/5G . . . is not impeded by exorbitant fees imposed by state and local governments, undue delays in local permitting, and unreasonable barriers to pole access."
On the losing side of this part of the Order were localities including Portland, Oregon; San Francisco; New York City; Los Angeles; Boston; Chicago; Washington, DC; Las Vegas; Philadelphia; Austin, Texas; and others.
Continue reading “Most of FCC Small Cell Streamline Order Affirmed By Ninth Circuit”
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