Has FCC’s new order been challenged?

A number of lawsuits (including one filed by the Town’s outside counsel) have been filed challenging the order and seeking a stay of it’s effective date until the litigation is resolved.  Rulings on the stay are expected by the end of the 2018 calendar year.  In the meantime, the Town will continue to review applications consistent with its Wireless Ordinance and existing federal law. 

In addition to the FCC Order, cities in California are also keeping an eye on a case pending in the California Supreme Court.  In that case (T-Mobile West v. City and County of San Francisco), the court will decide whether San Francisco’s ordinance regulating wireless installations in the public right of way based on aesthetics is preempted by state law.  The court will likely rule in this case during the first half of 2019.

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1. What is a small cell wireless facility?
2. Who governs the location of wireless facilities?
3. What has the Town of Danville done to address this issue?
4. What does the Town’s Wireless Ordinance do?
5. What have other cities done?
6. Can potential health effects prevent these installations from being approved?
7. Can the Town require fiber underground as an alternative?
8. Why does the Town’s ordinance streamline the review process?
9. Does the Town’s ordinance favor one neighborhood over another?
10. Is there a limit to the number of cell facilities in Danville?
11. Are there other challenges that cities face in regulating wireless installations?
12. Has FCC’s new order been challenged?