U.S. Sup. Ct.
11-1545
The Communications Act of 1934, as amended, requires state or local governments to act on siting applications for wireless facilities within a reasonable period of time after the request is duly filed. 47 U. S. C. §332(c)(7)(B)(ii). Relying on its broad authority to implement the Communications Act, see 47 U. S. C. §201(b), the Federal Communications Commission (FCC) issued a Declaratory Ruling concluding that the phrase reasonable period of time is presumptively (but rebuttably) 90 days to process an application to place a new antenna on an existing tower and 150 days to process all other applications. The cities of Arlington and San Antonio, Texas, sought review of the Declaratory Ruling in the Fifth Circuit. They argued that the Commission lacked authority to interpret §332(c)(7)(B)s limitations. The Court of Appeals, relying on Circuit precedent holding that Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S. 837, applies to an agencys interpretation of its own statutory jurisdiction, applied Chevron to that question. Finding the statute ambiguous, it upheld as a permissible construction of the statute the FCCs view that §201(b)s broad grant of regulatory authority empowered it to administer §332(c)(7)(B).
