FCC Order Easing Buildout Regs Upheld By Tenth Circuit Court Ruling

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The U.S. Court of Appeals for the Tenth circuit denied a motion last Thursday to stay the FCC’s September 2018 5G order that addressed state and local rules governing the deployment of wireless infrastructure.  Inside Towers reported on the initiation of the petitions in October (“Munis Vow Legal Action Against FCC Over Small Cell Order”).

The FCC mandate becomes effective today. The case pitted various cities such as San Jose, New York City and Seattle versus the FCC. The Court issued the stay order stating the petitioners, “failed to meet their burden of showing irreparable harm if a stay is not granted.”


“Needless regulatory roadblocks won’t prevent the build out of next-gen networks,” FCC Commissioner Brendan Carr said following the court’s decision. “It ensures that needless regulatory roadblocks will not prevent our country’s hard-working telecom crews from building the next-generation networks needed to support 5G,” Carr said.

Carr estimates that the September order cut about $2 billion in costs that threatened to stifle the deployment of small cells and other next-generation wireless infrastructure necessary for 5G.

A similar legal challenge is pending in the Ninth Circuit Court, oftentimes a more friendly venue for the municipalities. The Tenth Court granted a motion to transfer the petition back to the Ninth. Comments? Email Us.

January 14, 2019

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