Montgomery County, Md., FCC Clash in 9th Circuit on RF Concerns
Montgomery County, Maryland, and the FCC disagreed sharply in pleadings at the 9th U.S. Circuit Court of Appeals, which will hear the challenge of the FCC’s small-cell order. The agency told the court a Dec. 4 order (see 1912040036) resolved…
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any questions by the county on RF concerns. “If Montgomery County has concerns about how the Commission resolved the 2013 RF Notice, it may raise them in a challenge to the Radiofrequency Order,” the FCC said last week (in Pacer) in docket 19-70123. “There is thus no basis for this Court to reach such concerns here.” The order doesn’t resolve the challenge, the county said Monday (in Pacer). “The FCC mischaracterizes this lawsuit and comments in the administrative record,” the county said: “Montgomery County and others asked the FCC to update the RF standards and ensure they are protective of human health before rolling-out 5G small cells in public spaces and residential areas. … While it made sense for Montgomery County to reference the ongoing 2013 proceedings, simply closing that docket does not mean that its comments and lawsuit have been fully addressed.” Argument is Feb. 10 in Pasadena, California (see 1912020018).