FCC Asks DC Circuit to Deny Stay of March Wireless Infrastructure Order
The FCC asked a federal court to deny a stay of a March wireless infrastructure order, approved 3-2 by commissioners (see 1803220027). The case is before the U.S. Court of Appeals for the D.C. Circuit -- United Keetoowah Band v.…
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FCC & USA, No. 18-1129. “Petitioners are too late to seek a stay and cannot meet the high burden required to show that this Court should reinstate an expired regulatory regime without the benefit of full merits briefing,” the FCC said. The agency said the claims are meritless. “Petitioners’ principal argument is that the Commission’s licensing of the use of wireless spectrum requires the Commission to conduct federal environmental and historic preservation review of the private deployment of all small wireless facilities … used in ‘5G’ networks,” the FCC said. “The Commission’s failure to do so, Petitioners claim, without any supporting evidence, will result in irreparable harm to historical sites and obstructed views.”