PCIA filed an amicus brief with the Supreme Court in...
PCIA filed an amicus brief with the Supreme Court in support of the FCC in City of Arlington, Texas, v. FCC, which is set for oral argument Jan. 16. The case examines whether the court should uphold FCC authority to…
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issue a 2009 order requiring local authorities to make decisions on tower and other wireless facility siting applications under an FCC-imposed shot clock, but could also lead to broader review of the Chevron doctrine, which requires federal courts to defer to an agency’s interpretation of a statute, as long as that interpretation is deemed “reasonable.” “Consumers want expanded wireless access, public safety agencies need it, and providers stand ready to offer it,” PCIA said (http://xrl.us/bn8w2h). “But there is a logjam in this otherwise robust market: localities’ sometimes lengthy delays in granting siting approvals.” The FCC “acted well within its delegated authority in issuing its ruling in this case,” PCIA said. “There was no jurisdictional ambiguity for the Commission to resolve. The Court can and should affirm the decision ... without resolving the Chevron question at the heart of Petitioners’ argument.”