Ninth Circuit Court to Hear Small Cells Arguments February 10

The fight between municipalities and the FCC over small cell siting has dragged into the New Year. Oral arguments are set for Monday, February 10, before the U.S. Court of Appeals for the 9th Circuit in San Francisco.

At least 30 cities, many from California and Washington state are involved, as are four counties and 11 powercos and associations representing them. On the other side are the FCC and the Department of Justice.

At issue is the FCC’s 2018 ruling to streamline permitting for small cell infrastructure. It governs how much localities can charge carriers for permitting and imposes a shot-clock for local and state governments to approve or deny such applications.

Bloomberg Intelligence analyst Matthew Schettenhelm wrote in a December note that he gives the agency a “slight” edge going into the argument because the Commission “wins most lawsuits and has a strong record against cities.” But it’s a close call, he added.  Continue Reading