Cities can’t deny wireless carriers permits for antennas only on ...
Cities can’t deny wireless carriers permits for antennas only on esthetics and still obey Cal. and U.S. law, said the 9th U.S. Appeals Court, San Francisco, Tues. The court, in overruling a Cal. district court, said La Caada Flintridge,…
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a wealthy L.A. suburb devoted to its tree-lined streets, had “overstepped its regulatory authority” in denying Sprint PCS permission to erect 2 wireless towers on the basis of a 2001 local ordinance setting esthetic guidelines for such towers. The court said any local denial must comport with state law; otherwise, it’s “invalid even before the application of the [Telecom Act’s] federal standards.” La Caada Flintridge said Sprint’s exercise of its right to build had comply with state and local law, but the court said Sprint could build, provided its towers complied with state or local law. Section 7901 of Cal. state code gives carriers “broad authority to construct telephone lines and other fixtures” unless the structures pose “extremely severe” aesthetic objections, which the court found Sprint’s antennas didn’t. USTelecom said the explosion of the wireless industry across the U.S. has “prompted debates” of a similar nature around the country.