FCC Wins Battle In Small Cell Litigation?

— The FCC notched a victory Thursday in the court fight over its order pre-empting city and state laws on fees and timelines for 5G equipment installation. The 10th Circuit Court of Appeals denied a request from several cities, including Seattle and California’s San Jose and Huntington Beach, to halt implementation of the order while the litigation is pending. The court sided with the FCC, which opposed the request, finding that the cities failed to show that there would be “irreparable harm” if the order takes effect in part as planned Jan. 14. Republican Commissioner Brendan Carr, who spearheaded the order, cheered the ruling as “more good news for U.S. leadership on 5G.”

— Win some, lose some: The 10th Circuit, based in Denver, also on Thursday granted a request from the cities to transfer the case to the 9th Circuit Court of Appeals in California. The FCC, Verizon, Sprint and industry trade groups had opposed the transfer.

Source: POLITICO Morning Tech

Well, with the transfer to the 9th Circus it will not be long before we are reading about a reversal of this decision. The 9th Circus is the most liberal anti-capitalism court in the Nation. I would give the Cities a win and the 5G Providers a loss. This issue will most likely end up at the Supreme Court.

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