Texas Town May Sue over FCC Ruling

City officials in McAllen, Texas, are considering taking the federal government to court if a new ruling from the FCC becomes final. On October 17, the FCC adopted a Report and Order that gives the carriers an easier time of establishing service in the area. The Report and Order clarified and implemented limitations on state and local governments when reviewing infrastructure siting applications. Essentially, state and local governments can’t keep the carriers waiting for months on end while they consider a proposal. This Order will go into effect once it’s published in the Federal Register. Not everyone was too happy with this Order, and the McAllen city officials believe it will infringe on the city’s authority to regulate towers within its limits. “It ties our hands in respect to certain elements of regulating these facilities [towers],” City Attorney Kevin Pagan told The Monitor. “We still have the ability to impose certain restrictions on (providers), but our ability to impose those restrictions become significantly more limited.” At the December 8 meeting, the City Commission granted the City Attorney’s Office permission to consider legal options, and they have already hired a lawyer based in Washington. While no legal action will be taken unless the Order is published, city officials in McAllen are ready to sue if the FCC doesn’t change the rules.