Cities Say Small-Cell Decision Issues Ripe for SCOTUS
Portland, Oregon; San Francisco and other cities urged the Supreme Court to hear their challenge to a 9th U.S. Circuit Court of Appeals' decision upholding much of 2018 FCC small-cell orders (see 2103230052). The FCC and DOJ told SCOTUS there’s…
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no reason to take the case (see 2106030066). “Far from being a straightforward agency statutory interpretation that Respondents claim, the Order raises significant statutory and constitutional issues,” the cities replied Tuesday in docket 20-1354. The 9th Circuit is “in conflict with other circuits and at odds with this Court’s precedent,” they said: That court adopted a “’prohibition’ standard with no limiting principle, favoring wireless provider business preferences.”