Dozens of cities and counties were on the losing end of a federal court decision last month that largely upheld Federal Communications Commission rules restricting their ability to regulate technology for 5G infrastructure.
Local governments that objected to the rules now have until Sept. 28 to file an appeal for a new hearing before the entire 9th U.S. Circuit Court of Appeals—a step at least some are considering.
“We are speaking with our clients right now about whether or not to do that,” said Gerry Lederer, an attorney with Best, Best and Krieger, who represents the National League of Cities and a coalition of cities and counties in the litigation.
One of the cities considering the appeal is Piedmont, California, where lawmakers are expected to vote Monday on the issue. A staff report sent Friday to the city’s mayor and council by the city administrator recommends officials support the appeal to maintain “local control over wireless facilities in Piedmont.”
Piedmont Mayor Robert McBain has advocated for the city to restore local control over wireless infrastructure, saying “current rules greatly reduce our ability to decide what and where these facilities can be installed.”
An appeal would allow cities and counties another chance to win back regulatory control at a time telecom providers continue to deploy 5G infrastructure across the country.
The coronavirus pandemic, which has resulted in millions working and attending school remotely, has underscored the important role 5G can play in improving internet connection speeds and bandwidth.
5G technology requires the installation of small cell wireless facilities, which ..
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