The municipal community, which sometimes finds itself at loggerheads with the FCC, responded positively to the U.S. Supreme Court’s decision to overrule the Chevron deferential doctrine. Tripp May, Managing Partner of Telecom Law Firm PC, which represents municipalities in matters before the FCC, said the decision represents a “colossal shift” and “spells trouble” for the wireless industry’s ability to influence the FCC.
The inability of the courts to overturn FCC decisions “significantly empowered and emboldened” the federal agency, according to May. “Over the last four decades, federal agencies have had overwhelming success against judicial challenges to their actions,” he said. “[The court’s decision] sends a new and clear signal that the winning streak for federal administrative agencies has come to an end.”
Dr. Jonathan Kramer, Telecom Law Firm’s Founding Partner, said that the wireless industry has been successful in getting Congress to pass legislation that was “riddled with ambiguities” and convincing the FCC to interpret the laws in a favorable way to the wireless industry.
“The extra degree of difficulty imposed on federal agencies [in this court decision] could well be a good thing,” Kramer said. “Congress could be spurred to pass clearer and more focused laws, and the FCC might be moved to more carefully consider and discuss whether it faithfully implemented congressional intent before it adopts new rules.”
By J. Sharpe Smith, Inside Towers Technology Editor
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