Appeal Filed Against FCC Time Limits on
Wireless Permit Decisions 1


The FCC’s ruling establishing time limits for all municipalities to decide on wireless permits is “arbitrary and capricious and an abuse of discretion; and is otherwise contrary to law,” states a lawsuit just filed in the Fifth Circuit U.S. Court of Appeals. The Washington, D.C. law firm Miller & Van Eaton, which represented a coalition of cities including Glendale opposed to the ruling, filed the suit on behalf of Arlington, Texas.

Several municipalities, municipal coalitions, government entities, citizen groups, and individuals submitted comments opposing the wireless industry petition, which the FCC approved in part on November 18, 2009. (The FCC did reject one part of the petition: the industry claim that carriers should not have to apply for variances when local zoning codes require it.)

The 5th Circuit Court filing on behalf of Arlington represents a strategic approach and does not exclude others that objected to the petition. Glendale Public Works Counsel Christina Sansone said Glendale is following the case closely and does have the option of submitting an amicus brief.

The FCC’s ruling will continue to be in effect barring a court injunction and/or final decision on the merits of the case. Culver City residents mobilizing to oppose a proposed cell tower just heard about the ruling at a city hall meeting last night.


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Wireless Permit Decisions

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