NDIA, CWA, Public Knowledge file brief in case vs. FCC’s 5G preemption

The National Digital Inclusion Alliance has joined with the Communications Workers of America and Public Knowledge to submit a “friend of the Court” brief in a lawsuit seeking to overturn a Federal Communications Commission order that preempts municipal authority over the use of public property for 5G wireless deployments. The three organizations’ amicus brief was filed with the US Ninth Circuit Court of Appeals in San Francisco. The case involves the FCC’s Sept 26 “declaratory ruling” which largely preempted local government control of approval timelines, conditions and fees for corporate deployment of 5G equipment on public property (like light poles) and rights of way. A petition for review of the ruling was filed in October by the City of Portland (OR) and promptly joined by two dozen other municipalities including San Francisco, Chicago, Los Angeles, Las Vegas, Philadelphia and San Jose. In the amicus brief, NDIA, the Communications Workers and Public Knowledge emphasize “the negative effect the Order will have on the digital divide and public safety”.