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MONTGOMERY COUNTY, MD. v. F.C.C.

Nos. 15-1240, 15-1284.

811 F.3d 121 (2015)

MONTGOMERY COUNTY, MARYLAND, Petitioner, City of Burlingame, California; Town of Apple Valley, California, Intervenors/Petitioners, v. FEDERAL COMMUNICATIONS COMMISSION; United States of America, Respondents, CTIA-The Wireless Association; PCIA-The Wireless Infrastructure Association, Intervenors, League of California Cities; California State Association of Counties; League of Oregon Cities; Scan Natoa, Inc., Amici Supporting Petitioner. City of Bellevue, Washington; City of Los Angeles, California; City of McAllen, Texas; City of Ontario, California; City of Redwood City, California; City of San Jose, California; Texas Coalition of Cities of Utility Issues, Petitioners, City of Burlingame, California; Town of Apple Valley, California, Intervenors, v. Federal Communications Commission; United States of America, Respondents, CTIA-The Wireless Association; PCIA-The Wireless Infrastructure Association, Intervenors, League of California Cities; California State Association of Counties; League of Oregon Cities; Scan Natoa, Inc., Amici Supporting Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided: December 18, 2015.

Attorney(s) appearing for the Case

ARGUED: Joseph Leonard Van Eaton , Best Best & Krieger LLP, Washington, D.C., for Petitioners/Intervenors. Maureen Katherine Flood , Federal Communications Commission, Washington, D.C., for Respondent. Megan Leef Brown , Wiley Rein LLP, Washington, D.C., for Intervenors. ON BRIEF: Nicholas P. Miller , Best Best & Krieger LLP, Washington, D.C., for Petitioners/Intervenors. William J. Baer , Assistant Attorney General, Robert B. Nicholson , Steven J. Mintz , United States Department of Justice, Washington, D.C.; Jonathan B. Sallet , General Counsel, David M. Gossett , Deputy General Counsel, Richard K. Welch , Deputy Associate General Counsel, Federal Communications Commission, Washington, D.C., for Respondents. Joshua S. Turner , Jeremy J. Broggi , Wiley Rein LLP, Washington, D.C., for Intervenors. Javan N. Rad , Chief Assistant City Attorney, Pasadena, California; Robert C. May, III , Telecom Law Firm, PC, La Jolla, California, for Amici Curiae.

Denied by published opinion. Judge DUNCAN wrote the opinion, in which Judge GREGORY and Judge FLOYD joined.

Before the court is an administrative appeal challenging rules promulgated by the Federal Communications Commission ("FCC"). As part of a coalition of local authorities, Montgomery County, Maryland, petitions for review of the FCC's October 17, 2014 Order ("the Order"), which issued rules implementing Section 6409(a) of the...

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