By ANDREA NOBLE SEPTEMBER 22, 2020
The 9th U.S. Circuit Court of Appeals largely upheld FCC rules limiting local government’s ability to regulate 5G infrastructure and cap fees. Cities involved in the case have until Sept. 28 to file an appeal, but some experts say the ruling wasn’t all bad.
Dozens of cities and counties were on the losing end of a federal court decision last month that largely upheld Federal Communications Commission rules restricting their ability to regulate technology for 5G infrastructure.
Local governments that objected to the rules now have until Sept. 28 to file an appeal for a new hearing before the entire 9th U.S. Circuit Court of Appeals—a step at least some are considering.
“We are speaking with our clients right now about whether or not to do that,” said Gerry Lederer, an attorney with Best, Best and Krieger, who represents the National League of Cities and a coalition of cities and counties in the litigation.