• 9th Circuit to Hear Appeals of Small Cell Order
  • January 15, 2019 | Author: Albert J. Catalano
  • Law Firm: Keller and Heckman LLP - Washington Office
  • Last week, two judges on the Tenth Circuit denied a motion filed by a group of cities to stay the FCC’s Small Cell Order, emphasizing the cities did not show irreparable harm if the stay were denied. Because the stay was denied, the Order became effective on January 14, 2019. Also last week, the Tenth Circuit granted a request to transfer the various petitions for review to the Ninth Circuit (Vol. XV, Issue 50). Additionally, on December 26, the FCC’s Wireless Telecommunications Bureau (WTB) established a uniform deadline for oppositions and replies to oppositions to a petition for reconsideration of the Order. The petition asks the FCC to reconsider the recurring fee structure, the definition of “effective prohibition,” undergrounding and minimum spacing issues in the Declaratory Ruling, and the presumptively reasonable time period for deployment applications in the Third Report and Order. Oppositions will be due fifteen days after Federal Register publication of the Notice of Petition for Reconsideration. Replies will be due ten days after the time for filing oppositions has expired.