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The Federal Communications Commission has defeated dozens of cities in court, with judges ruling that the FCC can preempt local fees and regulations imposed on wireless carriers deploying 5G networks. The ruling is good news for AT&T, Verizon, and T-Mobile.
The FCC voted to preempt cities and towns in September 2018, saying the move would prevent local governments from charging wireless carriers about $2 billion worth of fees over five years related to deployment of wireless equipment such as small cells. That's less than 1 percent of the estimated $275 billion that the FCC said carriers would have to spend to deploy 5G small cells throughout the United States.
Cities promptly sued the FCC, but a ruling issued [Wednesday] by the US Court of Appeals for the 9th Circuit went mostly in the FCC's favor. It wasn't a complete victory for the FCC, though, as judges overturned a portion of the FCC ruling that limited the kinds of aesthetic requirements cities and towns can impose on carrier deployments.
"The court rightly affirmed the FCC's efforts to ensure that infrastructure deployment critical to 5G... is not impeded by exorbitant fees imposed by state and local governments, undue delays in local permitting, and unreasonable barriers to pole access," FCC Chairman Ajit Pai said, calling the court decision "a massive victory for US leadership in 5G, our nation's economy, and American consumers."
On the losing side were localities including Portland, Oregon; San Francisco; New York City; Los Angeles; Boston; Chicago; Washington, DC; Las Vegas; Philadelphia; Austin, Texas; and others.
(Score: 4, Insightful) by fustakrakich on Monday August 17 2020, @07:30PM (7 children)
The FCC wants to cut out the middleman. All checks are to be made out to them directly
Eh, whatever, so much for all that silly "states rights" bullshit.
La politica e i criminali sono la stessa cosa..
(Score: 1, Offtopic) by EJ on Monday August 17 2020, @10:53PM
Careful now, or you're going to be called a racist.
(Score: 0) by Anonymous Coward on Tuesday August 18 2020, @06:48AM
State right to rape your wallet is sure nice, eh?
(Score: 2, Informative) by khallow on Tuesday August 18 2020, @12:39PM (2 children)
This is one of the places where federal law trumps state law constitutionally. The Commerce Clause [wikipedia.org] properly applied. Now, if only they could do the same for the hotel and lodging industry in the US. That's probably the most abused tax revenue source there is because almost everyone who stays at a hotel comes from outside of the tax jurisdiction.
(Score: 1) by fustakrakich on Tuesday August 18 2020, @02:14PM (1 child)
Screw hotel and lodging. It's the insurance industry that needs fixing.
And this wasn't intended to protect interstate commerce. It's to move the corruption upstairs, not to eliminate it. It gives private business eminent domain over city property. Very corrupt
La politica e i criminali sono la stessa cosa..
(Score: 1) by khallow on Wednesday August 19 2020, @02:31AM
You're not going to fix insurance by normalizing tax rates.
It still remains that there's less corruption afterwards. My interests happen to align with the ISPs in this matter.
(Score: 2) by Tokolosh on Tuesday August 18 2020, @02:15PM (1 child)
I guess you support the rights of the people of Indiana?
https://arstechnica.com/tech-policy/2020/08/cities-sue-netflix-hulu-disney-claim-they-owe-cable-franchise-fees/ [arstechnica.com]
(Score: 1) by fustakrakich on Tuesday August 18 2020, @02:58PM
Heh, well, I'll be the first to admit that sometimes you have to call the cavalry. But the locals should have some say in what goes on in their towns. But they shouldn't let the corruption take over. They have to vote out the council members that try to pull this shit.
Everybody is already paying cable fees, on the cable that occupies a right of way
La politica e i criminali sono la stessa cosa..