Rolling Back Local Government 5G Regulation Power, Court Rules in Favor of FCC

Local governments may feel disappointed by a recent court ruling which sided with the Federal Communications Commission’s rollback of regulations related to the deployment of 5G communications technology.

The U.S. Court of Appeals for the Tenth Circuit on Jan. 10 turned down a motion to stay the FCC’s revised rules related to the rollout of small-cell 5G technologies. The FCC’s Declaratory Ruling and Third Report and Order was released in September 2018 and was challenged by a coalition of local government entities, led by San Jose, Calif.

The Declaratory Ruling, which is set to take effect Jan. 14, 2018, will make it easier for telecom industries to deploy small-cell 5G equipment — often mounted on city streetlights — by easing local regulations, limiting fees and streamlining the review process.