03.18.2020

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General News

Marc Martin was quoted in the Law360* article, "WiFi May Slow, But Low-Income Access Is Key COVID-19 Issue," regarding the FCC's response to internet capacity issues due to the coronavirus pandemic.

Certain macro towers across the country that are tied up in litigation over proper regulatory reviews could be switched on as well, said Marc, who chairs the firm's communications practice.

"While the 'race to 5G' wasn't seen as an adequate reason to preempt or disregard environmental and historic preservation requirements, the exigent circumstances of a pandemic might be a rationale to revisit this effort," he told Law360*.

As it becomes more apparent how the FCC could address capacity issues related to coronavirus disruptions in the future, Marc said the agency shouldn't hesitate to flex its rulemaking muscles for fear that courts will find it overstepped its boundaries.

"Here, there is little doubt that a global pandemic is a genuine emergency," he said. "So to the extent the FCC could adopt any rules that would address the pandemic crisis, it should be able to do so very quickly."

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