Some national associations representing municipalities are contemplating taking legal action against the FCC over its proposed small cell order. The proposal, set for a vote on September 26, streamlines wireless infrastructure siting procedures. The plan establishes a shot clock by which munis must act on a small cell siting application in a public Right–of-Way, sets “reasonable” siting processing fees and prohibits local moratoria, Inside Towers reported.
But lobbying organizations like the National Association of Counties, the U.S. Conference of Mayors and the National League of Cities call the plan an example of federal overreach that could harm public safety and localities’ ability to access vital revenue. All three tell Politico they may sue the agency if the Commission doesn’t change the plan before the vote.
Commissioner Brendan Carr has talked to officials from several municipalities and their lobbying organizations, FCC records show. When he unveiled the proposal last week, Carr said rural elected officials worry “that the billions of dollars of investment needed to deploy next-gen networks will be consumed by high fees and long delays in big, ‘must serve’ cities.”