8th Circuit Transfers Little Rock Appeal of 5G Small-Cells Order to 10th Circuit

The 8th U.S. Circuit Court of Appeals won't halt the FCC's September wireless infrastructure but will transfer the case to the 10th Circuit, the venue selected by lottery for other challenges of the infrastructure order. In a judgment (in Pacer) Thursday, the 8th Circuit granted the FCC's motion to strike Little Rock's stay request, and the agency's separate motion to transfer. The city's stay motion didn't comply with Federal Rule of Appellate Procedure 18(a)(2)(A)(i), the court said. The Arkansas capital city failed to show it's likely to prevail on the merits or that it will be irreparably harmed, the FCC said Wednesday at the 8th Circuit. That day, the FCC also opposed a stay motion by San Jose and other cities in the 10th Circuit on the same order (see 1901020039). The FCC “reasonably interpreted the [Communications] Act to apply to all state and local measures that have the effect of prohibiting wireless service, including restrictions on municipally-owned structures,” the agency told the 8th Circuit. “The Commission’s interpretation simply provides a basis for wireless carriers to seek relief in court, where municipalities remain free to contend that such relief is not warranted.”