T-Mobile Northeast LLC v. Fairfax County Board

T-Mobile filed a complaint in the district court against the Board, asserting that the Board's denials of T-Mobile's applications to construct a wireless service facility on an existing transmission pole violated certain provisions of the Telecommunications Act of 1996, 47 U.S.C. 332(c)(7)(B), which placed limitations on a local governing body's decisional authority regarding the placement and modification of personal wireless service facilities. The district court granted summary judgment in favor of the Board and T-Mobile appealed. The court held that the district court did not err in concluding that T-Mobile failed to establish that the Board effectively prohibited personal wireless services, as proscribed by subsection (B)(i)(II), or unreasonably discriminated against T-Mobile, as proscribed by subsection (B)(i)(I). Therefore, the court affirmed the judgment in favor of the Board. View "T-Mobile Northeast LLC v. Fairfax County Board" on Justia Law