On Friday, December 18, 2015, the U.S. Court of Appeals for the 4th Circuit affirmed the FCC’s rules implementing Section 6409(a) of the Spectrum Act, including the “deemed granted” remedy for a local government’s failure to grant an eligible wireless tower or base station modification request within sixty days. In Montgomery County v. FCC (opinion here), the Court rejected an appeal by several municipalities, holding that the FCC’s action “is fully consonant with the Tenth Amendment,” and that “the FCC has reasonably interpreted the ambiguous terms of Section 6409(a) of the Spectrum Act.”

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