FCC, CTIA Oppose Cities' Request to Stay 5G Order

stay last month, fearing irreversible harms (see 1812180052). The FCC disagreed, saying longstanding case law recognizes that Communications Act "Sections 253 and 332(c)(7) preempt state laws that materially inhibit wireless services.” The order “does not itself require localities to do anything, nor does it compel approval of any particular siting request; it simply articulates standards for courts to apply if and when they are confronted with any future siting disputes,” it said. “Even if localities were unable to recover compliance or other costs, monetary losses are not irreparable.” CTIA opposed cities’ motion in a Tuesday response (in Pacer). Cities haven't shown the order exceeded FCC authority, so they are unlikely to succeed on merits, the wireless association said. They fail to show irreparable harm, or that "the balance of equities tips in their favor,” since keeping the status quo would harm others, CTIA said. "One carrier has been forced to pause or decrease deployments in jurisdictions across the country due to excessive right-of way use or access fees, including fees in eight jurisdictions across four different states involving some combination of annual recurring charges of $1,000-$5,000 per node or pole; one-time fees of $10,000 plus $1,800 per permit, or $20,000; and annual recurring fees of $6,000, $25,000, or 5% of the provider’s gross revenues,” said CTIA, citing an Aug. 6 letter to the FCC from AT&T in docket 17-79. DOJ takes no position on the motion for stay, it said (in Pacer) Monday. Commissioner Brendan Carr, who spearheaded work on the FCC order, tweeted Tuesday that he wished “a full and speedy recovery” to one of the order’s chief critics, San Jose Mayor Sam Liccardo (D). The mayor suffered minor fractures Tuesday when a vehicle struck his bicycle, said his office.