• On January 20, 2011, a New York federal trial court found that the Village of East Hills violated the Communications Act when it denied MetroPCS’s permit and variance applications to place antennas on a commercial building that already contained similar antennas of two other wireless carriers. As the court explained, “aside from a lapse in time between applications of the three (3) wireless communications providers that they approved and Metro, the [zoning board] has not articulated in what way Metro’s proposed antennas create different visual, aesthetic, or safety concerns to the ones they have already approved.” Continuing the developing trend of cases finding that local zoning boards may not deny siting applications simply because one or more carriers are providing competent service in the area, the court ruled that “the [zoning board’s] finding that Metro has not established a significant coverage gap on the ground that other wireless providers already have service in that area is not supported by substantial evidence.” The court ordered the Village’s zoning board to grant MetroPCS’s applications. MetroPCS New York, LLC v. Village of East Hills, No. 09-cv-4636 (EDNY).