/Local Jurisdictions Sue FCC over Small Cell Order

Local Jurisdictions Sue FCC over Small Cell Order

November 11, 2018

More than a dozen local jurisdictions are seeking to overturn a recent FCC small cell order. The Streamlining Deployment of Next Generation Wireless Infrastructure Declaratory Ruling and Third Report and Order  limits what municipalities can charge for each small cell placed in the public right of way and sets time limits for processing these permits.

The order is intended to help wireless infrastructure providers meet the rapidly growing demand for wireless data and support the rollout of 5G technology. This will ensure our network will be able to handle all data demands, including 911 calls and public safety, remote medicine and health care applications, smart city connectivity, and the rapidly growing sphere of the Internet of Things.

The local jurisdictions that have filed suit against the FCC – including Los Angeles, Portland, and San Jose – argue the FCC order is a significant overreach and prohibits local control. Some cities also argue that the limitation on fees will undercut public programs and that the order interferes with local officials’ autonomy to strike their own deals for construction on city-owned assets.

The FCC order is set to take effect in January 2019, although the courts could stay its implementation while the legal review takes place.