AWC will file an amicus brief supporting cities’ privilege to govern public rights-of-way. The amicus will support legal challenges to the FCC declaratory ruling on siting of 5G small cell wireless facilities.

Initially, legal challenges were filed in both the U.S. Court of Appeals for the 9^th and 10^th Circuits. However, recently the 10^th Circuit then agreed to transfer the case to the 9^th Circuit. Unfortunately, the court did not issue a stay of the FCC order during the legal challenge, so the FCC’s rule is effective.

MRSC’s recent article breaks down the FCC ruling and the impacts on cities. The FCC ruling introduced a variety of new requirements and preemption of local authority including:

• Two new time clocks that cities need to comply with for permitting facilities;
• A reasonable fee structure;
• Clarification of collocation of equipment in public rights-of-way; and
• Aesthetic standards.

AWC is aware of approximately 50 cities that have either adopted an ordinance or were in the process of adopting at the time of the FCC ruling. Cities have shown that they are willing to work with telecommunications companies to provide this service in their communities.

We encourage cities to continue to update codes, franchises, leases, applications, and to engage with the local public utility district on the usage of poles and requirements.