Montgomery County, Maryland, has filed a lawsuit against the FCC regarding its new tower siting rules, saying the move was unconstitutionally, arbitrary and capricious, an abuse of discretion and otherwise illegal. It’s been reported that other counties are following suit and will file their own lawsuits. John Eggerton at Broadcasting & Cable reported, “Montgomery County has asked the court to vacate the decision and the rules and grant whatever other relief the court deems appropriate. It did not spell out its issues, but the 60-day shot clock was a sticking point with cities and counties according to their filings in the FCC docket before the October vote.” City officials in McAllen, Texas, were also considering taking the federal government to court if the new ruling from the FCC became final. On October 17, the FCC adopted a Report and Order that gives the carriers an easier time of establishing service in the area. The Report and Order clarified and implemented limitations on state and local governments when reviewing infrastructure siting applications. Continue reading here.
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