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The City of San Jose briefly explained its case against the Federal Communications Commission in a filing with the federal appeals court in Denver last week. San Jose, Los Angeles County and eighteen other western cities joined together to challenge the FCC’s decision to preempt local ownership of streetlights, traffic signals and other municipal property that’s located in the public right of way.

Six other challenges were filed – two by local agencies and associations that represent them, and four by mobile operators who think the FCC wasn’t generous enough.… More

A federal judicial panel decided on Friday to consolidate at least six of the seven appeals filed by local governments and wireless carriers against an FCC ruling that attempts to set sweeping new small cell permit and leasing rules for local and state governments. Yesterday, the court given the job – the tenth circuit of the U.S. court of appeals, based in Denver – issued instructions to the challengers, essentially telling them to get their paperwork in order and stand by for further instructions.… More

There must be something in the salt air coming off the Pacific Ocean. Only local agencies on or (relatively) near the west coast asked a federal appeals court to block the Federal Communication Commission’s decision to preempt local ownership of streetlights and other municipal property that’s planted in the public right of way. Contrary to my prediction, the rest of the U.S. is sitting it out. I checked the websites of the federal appeals courts around the country, and didn’t find any new challenges.… More

Cities and counties across the western U.S. are challenging the Federal Communications Commission’s ruling that preempts local ownership of street lights, traffic signals and other assets located in the public right of way.

AT&T and Sprint, on the other hand, appealed the FCC’s decision, claiming it didn’t go far enough. Links to the petitions are below.

League of Cities organisations from Arizona, California and Oregon, along with the cities of Seattle and Tacoma, and King County in Washington filed a challenge in the ninth circuit court, which is the San Francisco-based federal appellate court that handles cases from the west coast and some mountain states.… More