9th Circ. Grills FCC Over 5G Small Cell Price Tags

Law360 (February 10, 2020, 7:24 PM EST) -- A Ninth Circuit panel drilled down Monday into whether the Federal Communications Commission arbitrarily set a suggested cap on fees local governments may charge for pole attachment and maintenance work on small cells that will be deployed across the country to enable the rollout of 5G.

Judge Jay Bybee pressed FCC attorney Scott Noveck on whether his agency flippantly set an annual "safe harbor" of $270 per small cell as a reasonable amount for a locality to charge in order to avoid litigation from carriers.

"How did you get to $270?" Judge Bybee said. "I don't see much data there."

Noveck asserted...

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