Today, some 14 months after Telecom Law Firm PC and BBK argued before the 9th Circuit Court of Appeals in League of California Cities v FCC, the Court released its 94-page decision. Robert (Tripp) May, Esq. of Telecom Law Firm PC and Cheryl A. Leanza of BBK argued the case before the Court.
Here are the main points of today’s decision: The local governments PREVAILED on the two concealment issues that TLF (on behalf of the League and our coalition) briefed and argued, but the local governments lost on the shot clock issue our coalition briefed and argued. Please note that there was a dissent in favor of Local governments on one of the issues.
In a 94-page opinion (attached) with a partial dissent and partial concurrence, the panel held per curiam that the FCC’s:
- limitations on concealment elements was invalid as an improper legislative rule;
- restrictions on enforcement of conditions of approval related to concealment was invalid as an improper legislative rule;
- reinterpretation for when the shot clock commences was not an invalid legislative rule (this was the subject of the dissent);
- reinterpretation for height measurements and equipment cabinet definitions were not invalid legislative rules; and
- requirement for express evidence of intent to impose concealment was not invalid as a retroactive rule.
TLF will be following up on this decision with a much deeper analysis on the coming week. If you’d like to receive more information about this decision, including our deeper analysis, please fill out the contact form below.
Here is a link to download the decision: League of California Cities, et al v. FCC, et al (Case No. 20-71765)