tailieunhanh - CITY OF ARLINGTON, TEXAS, ET AL. v. FEDERAL COMMUNICATIONS COMMISSION ET AL.

Reducing Poverty and Improving the Environment and Citizen Health in Brazil Favelas (slums) are a primary feature of urban development in Brazil. These informal settlements often occupy environmentally precarious areas such as steep hillsides and riverbanks, and usually lack key infrastructure, in particular sanitation and sewerage systems. This has resulted in increased rates of disease and mortality. Brazil has, however, made significant steps in addressing the problems which beset the favelas. The Municipality of Goiânia’s “Fora de Risco” (Out of Risk) Project was driven by three motivating fac- tors: poverty reduction, environmental improve- ment and citizen health. Most of Goiânia slum settlements are located. | Slip Opinion OCTOBER TERM 2012 1 Syllabus NOTE Where it is feasible a syllabus headnote will be released as is being done in connection with this case at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Timber Lumber Co. 200 U. S. 321 337. SUPREME COURT OF THE UNITED STATES Syllabus CITY OF ARLINGTON TEXAS ET AL. v. FEDERAL COMMUNICATIONS COMMISSION ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 11-1545. Argued January 16 2013 Decided May 20 2013 The Communications Act of 1934 as amended requires state or local governments to act on siting applications for wireless facilities within a reasonable period of time after the request is duly filed. 47 U. S. C. 332 c 7 B ii . Relying on its broad authority to implement the Communications Act see 47 U. S. C. 201 b the Federal Communications Commission FCC issued a Declaratory Ruling concluding that the phrase reasonable period of time is presumptively but rebuttably 90 days to process an application to place a new antenna on an existing tower and 150 days to process all other applications. The cities of Arlington and San Antonio Texas sought review of the Declaratory Ruling in the Fifth Circuit. They argued that the Commission lacked authority to interpret 332 c 7 B s limitations. The Court of Appeals relying on Circuit precedent holding that Chevron U. S. A. Inc. v. Natural Resources Defense Council Inc. 467 U. S. 837 applies to an agency s interpretation of its own statutory jurisdiction applied Chevron to that question. Finding the statute ambiguous it upheld as a permissible construction of the statute the FCC s view that 201 b s broad grant of regulatory authority empowered it to administer 332 c 7 B . Held Courts must apply the Chevron framework to an agency s interpretation of a statutory ambiguity that concerns the scope of