DC Circ. Ruling Curtails FCC's 5G Rollout Strategy

Law360 (August 20, 2019, 4:48 PM EDT) -- The D.C. Circuit recently rebuked the Federal Communications Commission's strategy for a quick 5G rollout when it ruled wireless small cell nodes are still subject to certain preconstruction reviews, dealing a blow to the agency’s aggressive moves to clear the way for companies to deploy the technology.

In its Aug. 9 ruling, the appeals court snubbed the agency’s arguments that small cells have negligible impact on their surroundings — or that the benefits of high-speed mobile connectivity outweigh any clashes with other federal laws.

“One primary objective is to deploy 5G quickly nationwide and to close the digital divide,” said Greenberg...

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