U.S. Supreme Court Holds in Favor of Cell Tower Siting Applicants

02.2015
Law360

On January 14, the U.S. Supreme Court in T-Mobile South, LLC v. City of Roswell, held that the City of Roswell ("City") violated the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(B)(iii) (the "Telecommunications Act"), when it failed to provide T-Mobile with the reasons for its denial of a permit application for a wireless telecommunications facility within a reasonable time after sending a notice of denial.  The Court also found that although the City was not required to provide its written reasons for denying the siting application in a particular format, the Telecommunications Act mandated that the stated reasons provide enough detail to "enable judicial review."

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