Articles Posted in U.S. 11th Circuit Court of Appeals

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This appeal concerned the City of Milton's decision to deny T-Mobile's applications for permits to build three cell phone towers. At issue was the writing requirement of the Telecommunications Act, 47 U.S.C. 332(c)(7)(B)(iii), which stated that "[a]ny decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modify personal wireless services shall be in writing and supported by substantial evidence contained in a written record." The court concluded that T-Mobile had access to documents - including transcripts of the planning commission's hearings, letters the city sent to T-Mobile, and detailed minutes of the city council hearings- before its deadline for filing the lawsuit and collectively, these documents they were enough to satisfy the writing requirement of section 332(c)(7)(B)(iii). Accordingly, the court reversed the judgment of the district court and remanded for further proceedings. View "T-Mobile South, LLC v. City of Milton, Georgia" on Justia Law

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This case stemmed from the FCC's issuance of an order requiring telecommunications carriers to make payments into a Universal Service Fund for subsidizing services for certain categories of consumers. At issue was what should happen to the intrastate portion of the fees that the customers paid to reimburse the carriers for the payments they made to the fund. The court held that the district court correctly decided that it lacked jurisdiction to decide the claims. Because the district court lacked jurisdiction to review the FCC's orders at all, it lacked jurisdiction to decide whether the orders were invalid because they were outside the jurisdictional authority of the agency. View "Self v. BellSouth Mobility, Inc., et al" on Justia Law

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Comcast appealed the district court's grant of preliminary injunctive relief, compelling the telecommunications company to provide its directory assistance listing data directly to LSSi. LSSi alleged that Comcast's refusal to provide LSSi, and similar companies, with direct access to its directory assistance listing data while providing this access to Targus constituted a violation of Sections 202, 222(e), and 251(b)(3) of the Communications Act of 1934, 47 U.S.C. 202, 222(e), and 251(b)(3). Having concluded that LSSi failed to establish a substantial likelihood of success on the merits of its discrimination claims against Comcast, the court did not address the additional elements required for a preliminary injunction. Instead, the court vacated the preliminary injunction and remanded for further proceedings. View "LSSi Data Corp. v. Comcast Phone, LLC" on Justia Law

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CMES was performing excavation work in Stone Mountain, Georgia when it severed an underground fiber-optic cable, owned by MCI, which caused an outage. MCI subsequently filed suit against CMES, seeking loss-of-use damages measured by the theoretical rental value of substitute equipment for the duration of the outage. On appeal, MCI challenged the district court's grant of summary judgment defeating its claim for loss-of-use damages. Because this case involved an unsettled question of Georgia law, the court certified the following question to the Supreme Court of Georgia: "Under Georgia law, may a telecommunications service provider whose cable is severed recover loss-of-use damages measured by the rental value of substitute cable when it has not rented such cable or otherwise incurred any monetary loss apart from the cost of repair?" View "MCI Communications Services, Inc. v. CMES, Inc." on Justia Law