Court in Verizon-Fresno Case Should Affirm FCC Shot Clock, Says FSF
Granting relief to Verizon Wireless against Fresno, California, in a wireless infrastructure court case “is important to further establish firmly in our jurisprudence” that the FCC’s 2009 shot-clock ruling “will be enforced in a timely manner,” Free State Foundation senior…
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fellow Andrew Long blogged Monday. Verizon sued Fresno June 30, claiming the city violated the 1996 Telecom Act by failing to act quickly enough on a wireless facility application filed about a year ago. The facility “has run a municipal, bureaucratic gauntlet of four public hearings with still no final action from the City,” the carrier said at the U.S. District Court in Fresno (case 1:2022 cv00807). A district committee initially approved the application, then a city planning commission approved it on an appeal by a condominium association, said Verizon: But that was appealed to the city council and a decision remains pending. The “drawn-out, serial appeals” resulted in the city failing to act before the FCC’s 150-day shot clock, which is “a clear violation of Section 332 and the FCC's implementing rules,” said Long. Fresno declined to comment Monday.