Petition for Supreme Court Review of Small Cell Order

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Local governments and municipal organizations have filed a Petition for Writ of Certiorari with the Supreme Court asking the Court to review the 9th Circuit’s decision upholding the FCC’s 2018 small cell orders.  The Petition presents two specific questions to the Court:

  1. Did the court of appeals err in upholding the FCC’s interpretation of “effect of prohibiting” in light of its plain meaning, lack of a limiting standard, and Brand X?
  2. Did the divided court of appeals err in affirming the FCC’s interpretation of Section 253 to mandate access, at cost, to public property for private commercial use?