Review the different pe titions for proceeding.
Petitions request significant changes to the 2014 Order and Rules under a rubric of clarifications, without going through the formal rulemaking process under the Administrative Procedures Act, or setting forth the proposed amended rule for consideration. Many changes contradict what the FCC told the Fourth Circuit (in appeal of 2014 Order) about what the rules meant, or how they will be interpreted. This white paper reviews some of the major preemptions requested and discusses how the industry often incorrectly presumes that if a request for local zoning, etc., approval falls outside of/does not qualify under §6409(a) that it is automatically denied (when in fact it is then processed under normal local procedures, and usually granted).
John W. Pestle, Esq.
- 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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