CTIA, WIA to 9th Circuit: FCC Infrastructure Order Was Legal, Effective
The FCC’s 2020 declaratory ruling on wireless infrastructure worked, CTIA and the Wireless Infrastructure Association told the 9th U.S. Circuit Court of Appeals in a filing last week in case 20-71765. "At least one member of both CTIA and WIA…
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has experienced a 31% decrease in the overall permitting timelines for concealed towers after the 5G Upgrade Order, reinforcing that there were real-world impediments being imposed by local governments that the clarifications … have helped to eliminate.” The FCC defended the legality of the order March 1 against a challenge by the League of California League of Cities (see 2303020038). CTIA and WIA agreed the order was lawful. "The interpretations and clarifications in the 5G Upgrade Order are not only permissible, but are compelled by the rules’ unambiguous meaning,” the wireless associations said. Even if the 2020 ruling’s contents could be considered new legislative rules, as cities argue, “they would still be valid because the agency complied with the Administrative Procedure Act’s notice-and-comment rulemaking requirements, rendering harmless any alleged error.”