The Slow Process of FCC Appeals

It seems like almost every major action taken by the Federal Communications Commission get appealed these days (FCC). In a demonstration of how slow the courts can be, in September 2024, the Ninth Circuit Court of Appeals largely upheld the original FCC order from June 2020 that made it easier for wireless carriers to locate new towers and transmitters. The new rules ordered by the FCC then have been on hold for four years while the courts considered the issues under appeal. The original order had been issued during the Ajit Pai FCC, with votes following party lines. Unfortunately, having challenges to rules made by the FCC and other regulatory bodies is becoming the new norm. Several recent Supreme Court rulings make it even easier to challenge orders. Industry insiders often argue about which FCC regime has been the most productive. But perhaps we can’t compare FCC regimes by the actions they take, but must instead wait for a few years to see what actions actually went into effect.