Portland Asks 9th Circ. For Review Of FCC's 5G Order

Law360 (October 4, 2018, 3:18 PM EDT) -- The City of Portland has asked the Ninth Circuit to review a Federal Communications Commission order limiting local governments' power to impose conditions on the deployment of small cells used for 5G services, a ruling the Oregon city argues oversteps commission authority and actually will inhibit the 5G rollout.

Portland also said that the decision was arbitrary and a violation of the Constitution because it tells local municipalities what rules they can set regarding the placement of small cells on public property, according to a complaint filed Tuesday.

The petition was filed after Portland Mayor Ted Wheeler announced Tuesday that the...

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