FCC Asks 9th Circuit to Maintain Stay in Moratorium Challenge
The FCC asked the 9th U.S. Circuit Court of Appeals to keep the stay on Portland, Oregon's challenge to the agency's ban on local moratoriums of wireless infrastructure deployments, on Friday (in Pacer) in Portland v. FCC, No. 18-72689. Three…
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petitions for reconsideration are pending, with the FCC suspending work on them during the recent partial federal shutdown, the agency said. “Continued stay … is warranted because the pending agency reconsideration petitions raise the same issues that the City intends to argue before this Court. As a result, the FCC’s resolution of its reconsideration proceeding may simplify judicial review -- either by resolving issues that the Court would otherwise need to address, or by providing additional analysis on issues that ultimately remain in dispute.”