FCC: 'No Basis' for Challenging FCC Rules on Local Pre-emption for Small-Cell Deployment
Arguments by Sprint and several localities against FCC rules restricting the requirements localities can impose on small-cell deployments “offer no basis to disturb the Commission’s reasonable exercise of its delegated authority,” the FCC said in a responding brief (in Pacer)…
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filed Thursday in the 9th U.S. Circuit Court of Appeals (see 1906100021). The agency’s rules don’t conflict with preservation of local zoning authority, the FCC said. “Localities retain the right to deny particular siting requests for any reason," as long those reasons don’t transgress “specific limits,” the agency said. The FCC record shows local practices such as high application fees have the effect of prohibiting the buildout of wireless service, which allows the FCC to intervene, the filing said. It’s also reasonable for the FCC’s rules on small-cell deployment to apply to rights-of way and property owned by localities, the filing said. “Streets and sidewalks are held in trust for the public, to supply services for the public good,” the FCC said. The rules don’t run into any constitutional concerns since they don’t require any particular applications to be approved, the agency said. Small cells are “relatively unobtrusive,” and “do not meaningfully interfere with other uses of the rights-of-way,” the FCC said.