Ninth Circuit Upholds Most of FCC Effort to Ease Wireless Permits

WASHINGTON, September 17, 2024 – The U.S. Court of Appeals for the Ninth Circuit on Friday upheld most of a government effort to ease the permitting process for wireless equipment.

A group of 780 of local and municipal governments had challenged a 2020 ruling from the Federal Communications Commission. That order aimed to clarify language from a 2014 order implementing a law that required state and local governments to approve requests to modify wireless towers that don’t “substantially change the physical dimensions” of those towers.

Judges upheld most provisions of the ruling, including when a 60-day shot clock for approval began, how much taller a tower could be made, and how many more equipment cabinets could be added.