Mayors Eye Two-Pronged Attack on FCC’s Preemptive 5G Order

Mayors expressed optimism  a new House bill could provide an alternative path to overturning a Federal Communications Commission order preempting local authority over fifth-generation wireless deployments. H.R. 530, authored by Rep. Anna Eshoo (D-CA), would undo rules that went into partial effect on Jan. 14 requiring cities to move on wireless providers’ small cell applications within set timeframes while capping fees to access public rights of way. FCC restrictions on the aesthetic limits cities can impose on providers take effect April 15, unless Congress acts or cities led by Portland, Oregon, are successful in their lawsuit against the commission pending in the 9th US Circuit Court of Appeals asserting irreparable harm. While the suing cities’ attempt to stay the FCC order failed in the 10th Circuit, their cases were shifted to the 9th Circuit. The move should give cities “home-field advantage” because the FCC order overturned two long-standing rulings by that court, said Gerry Lederer, partner at the law firm Best Best & Krieger. If the order is overturned, the FCC would be back to square one, said Alex Hoehn-Saric, chief counsel with the House Subcommittee on Communications and Technology.