The U.S. Supreme Court agreed to hear T-Mobile...
The U.S. Supreme Court agreed to hear T-Mobile South v. Roswell, Ga., on whether local governments have to provide detailed written explanations when they deny carriers’ applications to build new cell towers in their jurisdictions. The case will be argued…
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during the court’s October 2014 term (http://1.usa.gov/1iQXU16). The court also granted leave for the Competitive Carriers Association to file an amicus brief. In seeking cert, T-Mobile said there’s a split in the federal circuits on how to interpret Section 332(c)(7)(B)(iii) of the Communications Act, which “specifies that any local government’s denial of an application for the placement, construction, or modification of a personal wireless facility “shall be in writing and supported by substantial evidence contained in a written record.” The case is from the 11th U.S. Circuit Court of Appeals, which is at odds with other circuits, T-Mobile said (http://bit.ly/1iQXvM5). The circuit court handed down its decision last year (CD Oct 2 p 12). “According to the majority of the federal courts of appeals to address the issue, this provision dictates that an issuance denying such an application must be separate from the administrative record and ‘contain a sufficient explanation of the reasons for the permit denial to allow a reviewing court to evaluate the evidence in the record supporting those reasons,'” T-Mobile said. “The Eleventh Circuit expressly ‘rejected’ that view and instead joined the Fourth Circuit in holding that a denial letter need only advise the applicant of the fact that the permit has been denied.” The city asked the court to turn down the appeal. “Even a cursory review of the more recent decisions and the relevant Eleventh Circuit Opinion appealed underscore the reality that the Circuit Courts are now reaching a consensus in theory or practice such that this issue does not necessitate or merit review,” the City of Roswell said (http://bit.ly/1mw1AI6). “Finally, Petitioner has not and cannot show that the Eleventh Circuit erred in its interpretation of the straightforward language of the Act, thereby failing to set forth any underlying error and basis for granting of the Petition.” Said T-Mobile General Counsel Dave Miller: “We believe local governments should clearly state ‘in writing’ the reasons why an application to build new or modify existing wireless infrastructure is denied.” “Building and improving mobile infrastructure is critical for consumers to fully benefit from our broadband economy."