Industry: FCC doesn't have authority to mandate backup power at cell sites.(Upfront)

From: RCR Wireless News | Date: February 4, 2008 | Copyright information

Byline: JEFFREY SILVA

The mobile-phone industry told a U.S. appeals court the Federal Communications Commission exceeded its statutory powers in mandating the eight-hour backup power rule for cell sites as part of an otherwise legally flawed rulemaking.

"By promulgating a sweeping mandate far beyond its regulatory authority without notice, the FCC produced a clumsy rule that fails to achieve any of its stated goals,'' stated cellular industry association CTIA and Sprint Nextel Corp. in their opening brief. "Congress understood that public notice and comment helps check ...

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