The following statement should be attributed to Free State Foundation President Randolph May regarding the Ninth Circuit's decision today in City of Portland v. United States:
“The FCC was largely victorious today in the Ninth Circuit’s decision rebuffing arguments by local governments and utility companies asserting that the exercise of the Commission’s preemption authority should be curtailed. While the Ninth Circuit often has been a perilous venue for federal agencies, today’s decision is a strong reaffirmation of the broad preemption authority that Congress delegated to the FCC to ensure that states and localities cannot impede the provision of communications services. Significantly, throughout the decision, the court recognized the importance of 5G deployment to advancing the nation’s communications infrastructure and technological capabilities.”
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