- On December 20, 2010, the United States District Court for the Central District of California awarded judgment in favor of T-Mobile and against the City of Agoura Hills in the parties’ dispute over whether the City violated section 332 of the Telecommunications Act by denying T-Mobile’s application for a conditional use permit. T-Mobile sought the permit in order to fill coverage gaps with an antenna that would be supported and concealed by flagpoles. The City’s Planning Commission voted to approve the application, but the City Council appealed the approval, and later issued a moratorium on any further discretionary permits for wireless facilities. After the City formally denied T-Mobile’s application in November 2009, T-Mobile brought suit challenging the denial as a violation of the Telecommunications Act’s prohibition against municipalities effecting an unlawful prohibition of wireless service. The trial judge granted in full T-Mobile’s proposed findings of fact and conclusions of law, which included a finding that T-Mobile’s proposed school site was the least intrusive and was a technologically feasible means to fill the significant gap in T-Mobile’s coverage. The court also agreed with T-Mobile that the City failed to carry its burden of showing that there were other, less intrusive, potentially available and technologically feasible alternatives. The court ordered the City to grant T-Mobile’s application within 30 days. T-Mobile West Corp. v. City of Agoura Hills, No. CV 09-9077 DSF (PJWx) (C.D. Cal.).
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In the courts
- Arent Fox LLP
- Ross A. Buntrock , Jonathan E. Canis , Alan G. Fishel , Michael B. Hazzard , Stephanie A. Joyce and Jeffrey E. Rummel
- January 3 2011
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