A number of lawsuits (including one filed by the Town’s outside counsel) have been filed challenging the order and seeking a stay of it’s effective date until the litigation is resolved. Rulings on the stay are expected by the end of the 2018 calendar year. In the meantime, the Town will continue to review applications consistent with its Wireless Ordinance and existing federal law.
In addition to the FCC Order, cities in California are also keeping an eye on a case pending in the California Supreme Court. In that case (T-Mobile West v. City and County of San Francisco), the court will decide whether San Francisco’s ordinance regulating wireless installations in the public right of way based on aesthetics is preempted by state law. The court will likely rule in this case during the first half of 2019.