BB&K In the News Feb 11, 2020

BB&K Partner Joseph Van Eaton Argues Against FCC Order in Ninth Circuit

Representing Cities in Sprint v. FCC

BB&K Partner Joseph Van Eaton Argues Against FCC Order in Ninth Circuit

Arguing on behalf of U.S. cities, Best Best & Krieger LLP Partner Joseph Van Eaton told a U.S. Ninth Circuit Court of Appeals three-judge panel on Monday that the FCC’s 2018 orders limiting local authority over small cell deployment were inconsistent with the statute, arbitrary and capricious, and unconstitutional. 
 
In an effort to purportedly streamline 5G deployment, the FCC is limiting local government agencies’ authority to control their own right of ways and to control placement of so-called “small cells” on public and private property. The order also limits the rent local governments and municipal utilities may collect from the wireless industry for use of rights of way and public property in the rights of way.
 
Watch video of the hearing by clicking here.
 
Read More:
Ninth Circuit Grills FCC Over 5G Small Cell Price Tags, Law360
Mayors Who are Suing the FCC Call its Small Cell Rules a ‘Land-Grab,’ FierceWireless
Local Officials Take on the Feds in Battle Over 5G Small Cells, LightReading
Proposed FCC Actions Will Limit Local Control and Cut Revenues, BB&K Legal Alert

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