PCIA, CTIA fight lawsuit seeking to block FCC rules that speed up infrastructure deployment

CTIA and PCIA are teaming up to fight a lawsuit by Montgomery County (MD) that seeks to toss out rules the Federal Communications Commission adopted Fall 2014 intended to speed up the deployment of wireless infrastructure. In a joint filing with the US Court of Appeals for the Fourth Circuit, the wireless industry's trade group and the main wireless infrastructure trade association said that the FCC was within its legal authority to change some legal definitions and make deploying network gear more streamlined. At issue is whether the FCC's interpretation of a statue is entitled to deference usually granted to federal agencies in interpreting laws in order to make rules.

The lawsuits also argue over whether the rules on infrastructure are constitutional exercises of federal power. As CTIA and PCIA note in their court filing, the FCC created new rules that interpreted and changed the definitions of "substantially change" and "base station," and established timeframes after which facilities applications that had not been acted upon would be "deemed granted." Montgomery County wants the FCC's actions set aside. CTIA and PCIA argued against that course of action, noting that the FCC's "authoritative interpretations of undefined statutory terms provide certainty, and the 'deemed granted' remedy ensures that reluctant State and local jurisdictions cannot thwart federal law through endless delay." Further, the lobbying groups argued that the FCC was within its rights and should be allowed to interpret terms that the law left undefined.