BBK’s Cheryl Leanza Appears Twice in Law360
Articles discuss media ownership oversight and the Ninth Circuit’s decision on the FCC’s push to streamline wireless site permitting
On September 20, 2024, Best Best & Krieger LLP (BBK) Of Counsel Cheryl Leanza appeared in two articles on Law360. The first piece, “Media Ownership Needs More Oversight, 8th Circ. Told,” discusses the case of NAB v. FCC et al., in which Leanza filed an amicus brief on behalf of the coalition of media reform advocates, broadcast workers and public interest groups she represents. In the brief, Leanza notes, “As many Americans are fundamentally concerned that the media is not accurately presenting facts, petitioners seek a decision from the Federal Communications Commission to reduce the number of owners and competitors in a local media market.” She continues, “This outcome would deprive viewers and listeners of news sources that could offer different analyses or more aggressive reporting.”
The second piece, “Cities Score Wins Over FCC Even In 9th Circ. Permitting Loss,” provides additional analysis of the Ninth Circuit’s decision in League of California Cities et al. v. FCC. While the court largely upheld the FCC’s policy reining in municipalities’ ability to add zoning restrictions to wireless network siting projects, it was not a total loss for local governments. The piece notes the judges rejected “FCC revisions governing the number and size of equipment cabinets that must be automatically approved as well as the agency’s limits on mandated equipment concealment, was issued in violation of the Administrative Procedure Act.” Leanza noted, “The Ninth Circuit was extremely clear with the agency that they cannot engage in a bait and switch … to state that in fact it had been a rulemaking all along. The court was rightfully concerned with the FCC's behavior in this matter. I hope the FCC takes this to heart.”
The article on media ownership oversight and the piece on the League of California Cities’ challenge to the FCC are available to Law360 subscribers.