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Administrative Law Keyed to Breyer
City of Arlington, Texas v. Federal Communications Commission
Citation:
569 U.S. 290, 312–15, 133 S.Ct. 1863, 1877–1879, 185 L.Ed.2d 941. (2013)Facts
The Telecommunications Act of 1996 imposed specific limitations on state and local governments’ authority to regulate the location, construction, and modification of wireless facilities. Section 332(c)(7)(B)(ii) requires state and local governments to act on wireless siting applications “within a reasonable period of time.” In 2008, CTIA-The Wireless Association petitioned the FCC to clarify the meaning of this requirement, as wireless providers often faced long delays in the approval process. In 2009, the FCC issued a Declaratory Ruling establishing presumptive timeframes of 90 days for collocation applications (placing new antennas on existing towers) and 150 days for all other applications. The cities of Arlington and San Antonio challenged this ruling, arguing that the FCC lacked authority to interpret Section 332(c)(7)(B) due to the statute’s saving clause and judicial review provision, which they claimed demonstrated congressional intent to withhold interpretive authority from the FCC.
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