AT&T, Sprint File Legal Challenges to Parts of September Wireless Infrastructure Order
The wireless industry is going to court to challenge the FCC September wireless infrastructure order aimed at speeding 5G buildout by targeting state and local hurdles to small-cell deployment. Cities also are challenging the order (see 1810250055). AT&T told the…
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U.S. Court of Appeals for the D.C. Circuit the order doesn't adopt a “deemed granted” remedy for cases where a state or local government doesn’t act on a request for authorization (case 18-1294). “Delays on requests for authorization to construct postpone deployment of wireless facilities,” the carrier said. "AT&T seeks review of the Order on the grounds that it is arbitrary, capricious, inadequately reasoned, or otherwise contrary to law. AT&T requests that this Court hold unlawful, vacate, enjoin, and set aside the Order, and that it provide such additional relief as may be appropriate." Sprint challenged the order in the 10th Circuit also because it didn’t provide a deemed-granted remedy (case 18-9563).