The Federal Communications Commission says it has the authority to tell cities and counties
what they can do with property they own, because otherwise they would be breaking the law.
In a decision that should have surprised no one, the FCC refused to put its
September wireless preemption ruling on hold.
The FCC says:
The Order does not implicate local governments’ actions in their role as property-owners; rather,
it focuses on preventing them from violating federal law when they engage in “managing or
controlling access to property within public ROW” for wireless facility deployment.