Portland Seeks 9th Circuit Review of FCC Ban on Wireless Moratoriums
An FCC ban on local moratoriums of wireless infrastructure deployments from August’s 3-1 order drew a lawsuit Tuesday by Portland, Oregon, at the 9th U.S. Circuit Court of Appeals. Like earlier-filed petitions for reconsideration at the FCC (see 1809050029), the…
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appeal doesn’t seek review of the part of the order requiring one-touch, make-ready for pole attachments. Tuesday was the 60-day deadline to seek court review of the FCC’s declaratory order on moratoriums. “The Ruling exceeds the FCC’s statutory authority; is arbitrary and capricious and an abuse of discretion; and is otherwise contrary to law,” Portland said. The city council authorized the city attorney to file a complaint or join as a co-plaintiff, the city said. “Not only is the FCC invading local authority, but its overreach in favor of billion-dollar wireless corporations will not close the digital divide and could negatively affect the city’s ability to fund programs that seek to bring affordable internet access to the estimated 15% of Portland households without it,” Mayor Ted Wheeler (D) said. Portland wants to bridge the divide but “is also dedicated to receiving fair value when corporations generate profit from placing infrastructure in our community’s public assets,” he said. Earlier that day, Seattle Mayor Jenny Durkan (D) said it will participate in a local government challenge in federal court of the FCC infrastructure order aimed at speeding 5G buildout by targeting state and local hurdles to small-cell deployment (see 1810020041). The FCC didn’t comment.