Trade Law Daily is a Warren News publication.

A federal appeals court upheld a lower court’s...

A federal appeals court upheld a lower court’s decision that the Town of Greenburgh, N.Y., had unlawfully denied Crown Castle’s application to install a distributed antenna system (DAS) in public rights of way (http://1.usa.gov/1cWoAVt). The town’s decision was not supported…

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

by substantial evidence, therefore violating Section 332 of the Communications Act, the court said. The town had concluded Crown Castle failed to demonstrate a need for the facilities, because they were “either purely speculative or for the apparent benefit of a single client.” The 2nd U.S. Circuit Court of Appeals ruled Friday that the town’s determination was not supported by substantial evidence. The town’s determination on “aesthetic intrusion” was also not supported by substantial evidence, the court said. The court “made several notable findings that are important for the DAS and wireless industries,” law firm Davis Wright said in a blog post Tuesday (http://bit.ly/LHum7b).