News Flash Home
The original item was published from 8/14/2020 5:05:29 PM to 8/15/2021 12:00:09 AM.

News Flash


Posted on: August 14, 2020

[ARCHIVED] 9th Circuit Mostly Upholds FCC Order Preempting Local Authority Over 5G Deployment

On Wednesday, the Ninth Circuit largely upheld a series of Federal Communication Commission (FCC) Orders aimed at expediting the deployment of small cell and 5G technology at the expense of local control and autonomy. Although many provisions of the Order, such as the cap on local fees and the prohibition on moratoriums was upheld, the court did modify the Order as it relates to local authority on aesthetic requirements and how different types of providers can be regulated.

The court held that, to the extent that provision required small cell facilities to be treated in the same manner as other types of communications services, the regulation was contrary to the congressional directive that allowed different regulatory treatment among types of providers, so long as such treatment did not “unreasonably discriminate among providers of functionally equivalent services.” The court also held that the FCC’s requirement that all aesthetic criteria must be “objective” lacked a reasoned explanation – vacating the requirement and remanding to the FCC.

It is not clear at this time whether the decision will be appealed or what action the FCC will take in response to the decision. The League continues to monitor the issue and will keep our members up to date on any developments.

Contact: Frank Marshall, Esq., Associate General Counsel,, 609-695-3481 x137.

Facebook Twitter Email

Other News in Home

Stay NJ Taskforce Announced

Posted on: December 8, 2023

MWC Healthy Town Designation Is Now Open

Posted on: December 1, 2023

NJ Clean Energy Programs Survey

Posted on: September 15, 2023

Passing of BPU President Fiordaliso

Posted on: September 8, 2023

FY 2024 Vibrant Places Program by NJTPA

Posted on: August 31, 2023

State Launches Stop Overdoses Website

Posted on: August 11, 2023

FY2024 Budget & ETR Update

Posted on: June 30, 2023

ETR Funding Doubled in FY2024 Budget

Posted on: June 29, 2023

OPRA Reform Legislation Introduced

Posted on: June 23, 2023

SHBC Plan Design Committee Meeting Summary

Posted on: February 24, 2023

FY2023 Federal Omnibus Budget Passed

Posted on: January 9, 2023

SHBP Update: No Relief In New Year

Posted on: December 30, 2022

Federal Budget Update

Posted on: December 23, 2022

LEAP Grants Now Available

Posted on: December 23, 2022

Federal Budget Update

Posted on: December 19, 2022