• 9 minutes

Are Wireless Siting Orders, Section 6409(a) Constitutional?


Political accountability by feds commandeering local governments is blurred.

Issues on the constitutionality of Section 6409(a) and FCC Order Rule, which repeat shall approve mandate include commerce clause limitations on federal authority, especially after Affordable Care Act decision preventing Congress from compelling activity under the clause. There are federalism, 10th Amendment concerns in light of court decisions preferring, upholding localism on zoning and similar issues. And there are impermissibly blurring of lines of political accountability, especially given directive to states and cities to approve qualifying modification requests. Our speaker discusses practical considerations to the question of constitutionality and review new federal laws.

Runtime: 8 minutes



John W. Pestle, Esq.

John W. Pestle, Esq.

Varnum LLP

  • Chair of the Telecommunications Group at Varnum LLP law firm
  • Representing property owners nationwide on cell leases for 27 years
  • Helped clients sell over 100 cell leases
  • Graduate of Harvard, Yale, and Michigan Law School
  • Can be contacted at [email protected] or 616-336-6725

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