FCC Sued by More Big Cities Over September Small-Cells Order
More big cities joined local governments suing the FCC for its September wireless infrastructure order. Austin, Atlanta, Boston, Chicago, Dallas and Philadelphia were among those suing Tuesday at the U.S. Court of Appeals for the D.C. Circuit. A judicial lottery…
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earlier selected the 10th Circuit for industry and local-government challenges, though San Jose recently sought transfer to the 9th (see 1811300034) and Maryland’s Montgomery County later filed in the 4th (see 1812070029). “The Ruling exceeds the FCC’s statutory authority; is arbitrary and capricious and an abuse of discretion; and is otherwise contrary to law, including” the U.S. Constitution, said Austin and other petitioners, urging the court to “hold unlawful, vacate, enjoin, and set aside the Declaratory Ruling.” The FCC didn't comment.