08.21.2020

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General News

Partner Marc Martin was quoted in the Law360* article, "9th Circ. 5G Ruling Seen as Industry Win, but With Caveats," regarding the U.S. Court of Appeals for the Ninth Circuit recent ruling that upheld a trio of Federal Communications Commission (FCC) orders, having major implications for the spread of 5G infrastructure.

Marc said the ruling should be seen as more of a mixed bag. "This isn't a sporting event or a war. It's a court decision," he said. Sometimes, as in this court decision, the goal of applying light-touch regulation clashes with the goal of spurring new infrastructure placement, according to Marc.

"I don't think coherency has been the hallmark of the Trump administration in a variety of areas," he said. "There have been instances where there was a deregulatory effort ... but there's also been an effort to adopt new regulations and new requirements. That's inherently not deregulatory, but nevertheless it serves the goals they're interested in."

In that way, the court's approval potentially solidifies a new course for Republican administrations, which were previously loath to apply new regulations in general, Marc said.

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