Hey Tom, It’s MarylandComments Off on Hey Tom, It’s Maryland
Montgomery County, Maryland, has filed a lawsuit against the FCC regarding its new tower siting rules, saying the move was unconstitutionally, arbitrary and capricious, an abuse of discretion and otherwise illegal. It’s been reported that other counties are following suit and will file their own lawsuits.
John Eggerton at Broadcasting & Cable reported, “Montgomery County has asked the court to vacate the decision and the rules and grant whatever other relief the court deems appropriate. It did not spell out its issues, but the 60-day shot clock was a sticking point with cities and counties according to their filings in the FCC docket before the October vote.” City officials in McAllen, Texas, were also considering taking the federal government to court if the new ruling from the FCC became final. On October 17, the FCC adopted a Report and Order that gives the carriers an easier time of establishing service in the area. The Report and Order clarified and implemented limitations on state and local governments when reviewing infrastructure siting applications. Essentially, state and local governments can’t keep the carriers waiting for months on end while they consider a proposal.
In regards to the Montgomery County lawsuit, Jonathan Adelstein, President and CEO of PCIA–The Wireless Infrastructure Association, “PCIA is working closely with cities, counties, and municipalities to make the implementation of the FCC’s new wireless facility siting regulations smooth and efficient. The wireless infrastructure industry wants to reduce or eliminate, whenever possible, obstacles to realizing the extraordinary economic and technological potential of wireless broadband. We hope that this lawsuit will not detract from that goal, since PCIA supports the FCC’s rationale behind its Infrastructure Order and its guidelines for implementation.”
Enjoyed this article? Make sure to sign up for the Inside Towers daily newsletter.