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Posted on: February 1, 2019

Federal Legislation Aims to Overturn FCC Preemption of Local ROW Control

Rep. Anna Eshoo from California introduced legislation (H.R.530) to overturn the Federal Communication Commission’s (FCC) September Order preempting local authority over small cell wireless infrastructure. The bill would not preclude future FCC or Congressional preemption but it would halt the FCC’s harmful preemption order, which ignored the input of hundreds of local governments.

This bill works to complement the current legal challenges brought by local governments seeking to have the courts overturn the order. It also comes in the same week New Jersey Congressman Frank Pallone, who is chairman of the Energy and Commerce Committee, sent a letter to the FCC requesting more information about what communications have taken place between the FCC and FCC licensees relating to the legal challenges.  

This is an issue that the League, along with our national affiliate, The National League of Cities (“NLC”), has been following closely. It is important to have your voice heard and show support for H.R.530. To help with this, the NLC has put together a form letter of support you may wish to sign

Contact: Frank Marshall, Esq., League Staff Attorney, FMarshall@njlm.org, 609-695-3481, x137.


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