New Cingular Wireless PCS, LLC v. The Fairfax Cty. Bd. of Supervisors

The Board rejected the application of AT&T to build an 88-foot telecommunications tower in a residential neighborhood, a decision which AT&T later challenged in the District Court. The district court determined that substantial evidence supported the Board's decision and that the Board's ruling did not effectively prohibit wireless services under the Telecommunications Act of 1996, 47 U.S.C. 322(c)(7)(B)(i)(II) and (B)(iii). The court found that the Board's denial of AT&T's application had substantial support in the record as a whole and complied with the substantial evidence requirement of subsection (B)(iii). Based on the failure of proof by AT&T, the district court correctly granted summary judgment to the Board on AT&T's claim that the Board's denial of its application violated subsection (B)(i)(II) of the Act. View "New Cingular Wireless PCS, LLC v. The Fairfax Cty. Bd. of Supervisors" on Justia Law