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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!