Make no mistake, antenna and cell pole litigation is indeed underway! The video mentions the appeal of the FCC's 2018 Small Cell Order. That case is now closed, as the Supreme Court on June 28th, 2021 -- Just after the video was made -- declined to review that appeal, to which Montgomery County was a party. However, as the video explains, while that appeal was pending, the FCC released two additional Orders that splintered off germane issues, which brought further, widespread litigation, including by Montgomery County. And the video discusses that active litigation.
Pending before the USCA D.C. Circuit is Environmental Health Trust et. al. v. Federal Communications Commission ( https://www.youtube.com/watch?v=5oXhnuAkLq4 ), which features Montgomery County residents in the key roles of petitioners’ Counsel, party of record, and signatories to amicus briefs, among them City of Takoma Park councilmembers and its mayor.
The following links are referenced in the presentation:
As the County telecom attorneys BB&K have explained, through this 2nd Order on RF Standards, the FCC makes no changes to RF emissions limits it established principally in the 1990s.
BB&K advised that, as adopted, [the 6406 Clarification Order] has the potential to undermine communities’ enforcement of aesthetic standards, including concealment, applicable to wireless facilities, including small cells in the public rights-of-way.
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