CTIA Backs FCC in Court Fight Over Infrastructure Order

CTIA supports the FCC at the U.S. Court of Appeals for the D.C. Circuit in the case challenging the March wireless infrastructure order, Keetoowah Band v. FCC, No. 18-1129. “Actions in the Order serve as a long overdue recognition that its prior environmental review regulations are out of step with the manner in which modern wireless facilities are deployed,” CTIA replied (in Pacer) Friday. “The agency’s decisions in the Order are thus completely reasonable, if not required.” To get to a 5G world, “wireless carriers will need to deploy approximately 300,000 small cells in the next few years,” CTIA said, saying small cells don’t raise the same review issues as macro towers. The Natural Resources Defense Council countered that the FCC made two errors. The agency “overlooks the additional responsibilities that the National Environmental Policy Act imposes on it independent from the Commission’s obligations under the Communications Act,” NRDC said (in Pacer). "The FCC also overlooks the continuing federal role it plays in overseeing the conduct of those it licenses to provide wireless service.”