9th Circuit Denies En Banc Review in 5G Case
The 9th U.S. Circuit Court of Appeals denied en banc rehearing to utilities and local governments challenging 2018 FCC wireless infrastructure orders on small cells and local moratoriums. Challengers may opt to appeal to the Supreme Court. A three-judge panel…
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in August mostly supported the FCC decisions, prompting September requests for rehearing by the full circuit (see 2009290047). Circuit Judges Mary Schroeder, Jay Bybee and Daniel Bress voted to deny one petition by American Electric Power and Southern Co., and supported denying another petition by the American Public Power Association, said Thursday’s order (in Pacer). Bress voted to grant the petition by Portland, Oregon, and other locals, but Schroeder and Bybee recommended denying it. “We were pleased Judge Bress voted to grant rehearing, but disappointed the Ninth Circuit did not take up the petition,” emailed Joseph Van Eaton, who represented Portland and several other localities. APPA is "reviewing the decision and conferring with members and counsel on next steps," a spokesperson said. The FCC is pleased the court denied rehearing and won’t disturb the agency’s 5G infrastructure actions, a spokesperson said. Thursday's decision "reaffirms a great win for the industry that will provide certainty and will help expedite 5G across the country," said a Wireless Infrastructure Association spokesperson. AEP didn’t comment.