Local Governments File 2 Lawsuits Against FCC Small-Cells Order in 9th Circuit
San Jose and Seattle led lawsuits against a September FCC wireless infrastructure order aimed at speeding 5G buildout by targeting state and local hurdles to small-cell deployment. It "exceeds the FCC’s statutory authority" and "is otherwise contrary to law, including…
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the Constitution of the United States,” said San Jose, Las Vegas, Los Angeles, Portland and other western localities in one petition (in Pacer) filed Tuesday at the 9th U.S. Circuit Court of Appeals (case 18-72883). Seattle with Arizona, Oregon and California municipal leagues sued at the same court. “The Commission’s rules are an unlawful pre-emption of local and state government authority promulgated without response to the arguments advanced by Petitioners,” said the petition (in Pacer) in case 18-72886. The FCC’s response is due Feb. 11 for both cases, court dockets said. “The smart infrastructure policies the FCC put in place will help ensure that every community in the country benefits from the economic opportunity 5G can enable," said Commissioner Brendan Carr's spokesperson. "The FCC struck the right balance. The commonsense ideas we put in place respond to several dozen mayors and local officials that called on the FCC to act. Our decision tracks the road map already laid out by the appellate courts, and we look forward to the court ruling on our decision." U.S. Conference of Mayors CEO Tom Cochran applauded the suits. “Instead of working with local governments to win the global race to 5G, the FCC is forcing cities to race to the courthouse to defend the most basic of local government rights -- the authority to manage and seek fair compensation from private users that seek to employ public assets, owned and paid for by local taxpayers, for their personal profit without any obligation to serve all of the community,” he said. NATOA, "along with every major municipal organization and dozens of individual municipalities, opposed the FCC’s decision to adopt this Order," emailed General Counsel Nancy Werner. "We will continue to join local governments in challenging this extraordinary federal agency overreach." CTIA and the Wireless Infrastructure Association didn't comment. Seattle earlier threatened suit (see 1810020041). San Jose officials reported early success speeding up permitting process for small cells after signing agreements with carriers (see 1810220030).