The FCC largely skipped the fundamental question posed in a...
The FCC largely skipped the fundamental question posed in a local government challenge to the agency’s zoning shot clock before the 5th U.S. Circuit Court of Appeals in New Orleans, Arlington and San Antonio, Texas, said in a reply at…
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the court. The commission “skips past the central question in this case: whether Congress empowered the FCC to make binding federal rules under Section 332(c)(7) to govern State and local zoning authority,” the cities said. The “plain language” of the Communication Act and its history “show that Congress did not grant the FCC such authority,” the cities said. Other local governments and organizations that represent then joined the appeal by the two Texas cities (CD Jan 4 p4).