FCC Tells 9th Circuit Not to Speed Up Small-Cells Argument
The FCC opposed expediting argument about wireless infrastructure orders challenged by local governments at the 9th Circuit U.S. Court of Appeals. Cities asked the court last month to hold argument quickly on the small-cell and moratorium orders, and later have…
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separate argument on the agency’s one-touch, make-ready ruling (see 1909250017). “These cases do not satisfy this Court’s standard under Ninth Circuit Rules 27-12 and 34-3 to expedite oral argument or to prioritize these cases over other pending cases, especially given the Tenth Circuit’s earlier order finding that Movants will not suffer irreparable harm during the time these cases are under review,” the FCC and DOJ motioned Friday (in Pacer). “Given the number and breadth of issues presented and the extensive briefing before the Court, we believe it best to schedule argument in the ordinary course to ensure that the argument panel has time to review those voluminous materials and ample opportunity to prepare prior to holding argument.” The request to have two arguments instead of one “appears to conflict” with the order consolidating the cases and assigned to the same panel, the agency said. “We understand that order to have contemplated that these cases be argued together.”