FCC Opposes Private Suits Over Alleged Wireless Buildout Rule Violations

Federal Communications Commission attorneys have told a US district court that the agency does not think individuals can sue over alleged violations of various FCC rules regarding wireless transmissions or infrastructure. This comes as the FCC is working to promote the buildout of 5G, which has been a national priority under both Republican and Democratic administrations. The US District Court for the District of Hawaii asked the FCC for input on the issue of private rights of action and whether, in the case of alleged violations of RF emission regulations and ones regarding antenna height and power limits, suits by private individuals are allowed to enforce the Communications Act. The court is currently hearing Hueter v. AST Telecomm, in which a number of individuals complained that AST had violated federal pollution, environmental, endangered species, and marine sanctuary protection laws, saying there was a private right of action in the Communications Act that allowed those complaints. FCC attorneys advised the court that while the Act did include some private right of action, where it was not expressly conferred "courts will not recognize any implied right of action under the Communications Act." The plaintiffs have asked the court to allow them to amend the complaint, but the FCC said that even in that event it would not sustain the claim of a private right of action.