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Administrative Law Keyed to Aman
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 authority to regulate the placement of wireless facilities, while preserving their general zoning authority. 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. In 2009, the FCC issued a declaratory ruling establishing presumptive timeframes—90 days for collocation applications and 150 days for all other applications. The cities of Arlington and San Antonio, Texas challenged the FCC’s authority to interpret this provision, arguing that the statute’s saving clause and judicial review provision indicated Congress’s intent to withhold interpretive authority from the FCC regarding these limitations.
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