The FCC ‘Shot‐Clock’ Rule:A Review of Its Scope and Impact on Local Zoning Authorities’ Telecommunications Decisions

Abstract

In January 2013, the Supreme Court of the United States heard oral argument in the case of City of Arlington, Texas v. Federal Communications Commission, an appeal of the Fifth Circuit’s decision1 to uphold the Federal Communications Commission rsquo;s s (FCC) decision by which the agency interpreted provisions of the Telecommunications Act of 1934 (the Act), as amended, which established specific time frames within which states and local authorities have to act upon applications related to wireless telecommunications facilities. The 2009 FCC ruling at issue, commonly known as the “shot‐clock“ rule, has been challenged, largely by municipal associations, as a case of a federal agency overstepping its jurisdiction and interpreting the scope of a federal statute.