Federal Communications Commission provides guidance to expedite deployment of 5G infrastructure and faces challenge from municipalities at the Ninth Circuit.
On June 9, 2020, in response to petitions filed by the Wireless Infrastructure Association and the Cellular Telecommunications Industry Association, the Federal Communications Commission (FCC) voted on and approved its 5G Upgrade Order, which is comprised of two declaratory rulings and one Notice of Proposed Rulemaking (NPRM).1 The 5G Upgrade Order intends to promote collocation and accelerate wireless network deployment by clarifying rules under Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012 (“Spectrum Act”) for upgrading equipment on existing infrastructure. However, soon after its adoption by the FCC, the League of Oregon Cities; the League of California Cities; and the California city governments of Glendora, Rancho Palos Verdes and Torrance filed a petition for review in the United States Court of Appeals for the Ninth Circuit challenging the 5G Upgrade Order on procedural grounds under the Administrative Procedure Act (APA).
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