FCC Amends Small Cell Rules per DC Circuit Court

BY DR. JONATHAN L. KRAMER, ON NOVEMBER 26TH, 2019

Some commenters have described the DC Circuit’s decision in United Keetoowah Band of Cherokee Indians v. FCC, No. 18–1129, 2019 WL 3756373 (D.C. Cir Aug. 9, 2019) as being some sort of a magic bullet 5G/small cell killer.  They also claim that the decision nullifies much of the FCC’s small cell rules, citing primarily to the personal observations of a FCC Commissioner.

I wish all that were true.

In fact, however, those commenters are only expressing their wishful, non-lawyer’s reading of the limited scope of the United Keetoowah decision.  That’s why the ten local government cases now being litigated in the 9th Circuit remain the most important fights citizens have to truly set aside the FCC’s misguided, unjustified, industry-loving rules.

Lets take a look at what the FCC actually did to respond to the D.C. Circuit’s United Keetoowah decision:

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FCC Amends Small Cell Rules per DC Circuit Court