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Ruling Could Erode Local Government Control over Broadband, Wireless Rollout

On June 24, the National Association of Telecommunications Officers and Advisors (NATOA) held a webinar regarding what authority the FCC has when it comes to limiting state and local zoning authority over "the placement of personal wireless service facilities" — antennas that provide coverage for cell phones — and what standard courts should use to review an agency’s "determination of its own jurisdiction."

The webinar referenced a Supreme Court decision in the case of City of Arlington v. FCC, which challenged the FCC’s jurisdiction to implement a section of the Communications Act of 1934 titled "Preservation of Local Zoning Authority."

The FCC prevailed in the case and, to some experts, appears to have acquired additional authority over state and local government’s ability to regulate broadband and wireless deployment — although that authority is somewhat restricted and can be reined in by the courts.

The next logical questions are: What kind of impacts will the decision have? And what can local jurisdictions do?

By Wayne Hanson

Full Story: http://www.govtech.com/wireless/Ruling-Could-Erode-Local-Government-Control-over-Broadband-Wireless-Rollout.html

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