FCC Small-Cells Order Could Reduce Money for Road Improvements, Says Oregon
State and local government interest in the right of way “is more than commercial,” Oregon told the 9th U.S. Circuit U.S. Court of Appeals. “Its primary purpose is to enhance safe and efficient transportation,” said an amicus brief, corrected and…
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reposted (in Pacer) Tuesday, supporting localities’ challenge of the FCC September small-cells order. “The FCC ruling, if upheld, would reduce revenues for road improvements significantly.” The Telecom Act protects state and local authority to require fair and reasonable compensation, the state said. “Obtaining fair-market value from wireless providers who receive and use right-of-way access -- for purposes other than enhancing traffic safety or efficiency -- qualifies as fair and reasonable compensation.”