City: Indian Peak Using Courts to Expand OTARD Rule

Indian Peak Properties has long flouted Rancho Palos Verdes land use laws and ignored neighbors, the California city said. In addition, the company is using its appeal before the U.S. Court of Appeals for the D.C. Circuit "as a post hoc end-run around five different state or federal court rulings and two prior [FCC] rejections," it added. In an amicus brief filed Monday with the appellate court (docket 24-1108), the city said the company, operating from a home, is trying to get protection of FCC rules by expanding the agency's over-the-air reception devices (OTARD) rule in a way the commission didn't envision, the statute didn't authorize and that is inconsistent with legislative intent. Indian Peak is appealing an FCC order denying its petitions for declaratory ruling seeking a federal preemption under the OTARDs rule of a decision by Rancho Palos Verdes to revoke, under local ordinances, the company’s conditional use permit for the deployment of rooftop antennas on a local property (see 2405060035). Rancho Palos Verdes urged dismissal of Indian Peak's appeal. The city said Indian Peak's arguments that its first FCC petition, sent in April 2020, should have stayed all ongoing proceedings in the California courts "is a manifest abuse of the process and a misreading of governing law."