Wednesday, August 12, 2020

City of Portland v. U.S. (9th Cir. - Aug. 12, 2020)

You know the case is a big deal when the caption, summary, and list of lawyers and amici spans not one, not two, but 28 single-spaced pages.

The Ninth Circuit ultimately upholds a variety of FCC regulations designed to stop local governments from engaging in conduct that might make the rollout of "5G" networks more difficult.  5G requires the installation of huge numbers of "small cell" wireless facilities on telephone poles, street lights, and other elevated properties.  The FCC wants to make sure that happens.  Local governments often want to make sure those things aren't unsightly and/or regulate their installation.

The FCC wins.