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United States Fourth Circuit

Montgomery Cnty. v. FCC, 15-1240

In an administrative appeal, an FCC rule allowing telecommunications providers to improve existing wireless facilities by limiting local authorities' ability to prevent modifications is affirmed where: 1) the FCC's "deemed granted" procedure comports with the Tenth Amendment; and 2) the FCC's definitions of "substantially change the physical dimensions" and "base station" contained in the order are not "arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law."

Appellate Information

  • Decided
  • Published 2015/12/18




  • United States Fourth Circuit


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