[20190225]LSB10265_FCC 5G订单在小蜂窝选址方面面临的法律挑战概述.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Overview of Legal Challenges to the FCCs 5G Order on Small Cell Siting February 25, 2019 On September 26, 2018, the Federal Communications Commission (FCC) adopted a Declaratory Ruling and Third Report and Order, titled “Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure Investment” (the Order). In the Order, the FCC clarified when the Telecommunications Act of 1996 (P.L. 104-104) preempts state and local requirements related to the deployment of fifth-generation (5G) wireless infrastructure. It also set time frames (or “shot clocks”) for localities to review 5G infrastructure applications. As described in a press release, the FCC issued the Order in order to “remove regulatory barriers that inhibit the deployment of infrastructure necessary for 5G and other advanced wireless services.” Some cities, however, have criticized the Order as federal overreach. For instance, the CEO and Executive Director of the U.S. Conference of Mayors stated that the Order “misapplies federal law to federalize local public property” and “needlessly introduces increased risk of