5G Infrastructure Fight Between Cities, FCC to Continue in 2020

A fight between the Federal Communications Commission and dozens of cities over the placement of 5G infrastructure will continue to play out in federal court in 2020, with oral arguments scheduled for February. At issue is whether the Federal Communications Commission can restrict how much municipalities can charge wireless carriers like AT&T Inc. to attach pizza box-sized wireless antennas, or small cells, to light poles and other city-owned infrastructure. The FCC’s ruling, adopted in September 2018, also imposes shot clocks for local and state governments to approve or deny carriers’ small cell applications. The ruling—aimed at speeding carriers’ 5G deployment—will go before the U.S. Court of Appeals for the Ninth Circuit Feb. 10.

The FCC is the “slight favorite” going into the argument because it “wins most lawsuits and has a strong record against cities,” but the case is a close call, Bloomberg Intelligence Analyst Matthew Schettenhelm said. “The agency starts with an edge, yet it’s pushing the limits of the law before a potentially skeptical court,” Schettenhelm said.