FCC Asks SCOTUS to Reject Small-Cells Challenge
The FCC and DOJ asked the Supreme Court to reject an appeal by Portland, Oregon, and 35 other municipalities of the 9th U.S. Circuit Court of Appeals' decision upholding much of the commission’s 2018 small-cell orders (see 2103230052). That's despite…
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the partial dissent by then-minority Commissioner Jessica Rosenworcel who said then the FCC went too far in restricting local control of siting fees. Wednesday's pleading noted that partial dissent. “The court of appeals correctly upheld the portions of the FCC’s Small-Cell Order that are at issue here,” the government said in docket 20-1354: “Neither the court’s conclusion that the FCC has permissibly interpreted the statute, nor its determination that the Commission’s approach was supported by the record in this proceeding, conflicts with any decision of this Court or of another court of appeals.”