Legal Opinion
New Cingular Wireless PCS, LLC v. Fairfax County Board of Supervisors
Court of Appeals for the Fourth Circuit
Decided March 19, 2012No. 10-2381PublishedCited by 7 opinions
1Opinion of the Court
Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge DAVIS and Judge FLOYD joined. Judge DAVIS wrote a separate concurring opinion.
OPINION
AGEE, Circuit Judge:
The Telecommunications Act of 1996 (“the Act”) requires that a local government’s denial of a request to place “personal wireless service facilities” be supported by substantial evidence, and not “have the effect of prohibiting the provision of personal wireless services.” 47 U.S.C. §§ 332(c)(7)(B)(i)(II) & 332(c)(7)(B)(iii). In this case, the Board of Supervisors of Fairfax County, Virginia (“the Board”) rejected…
2Cases cited5 opinions
- Town of Amherst v. Omnipoint Communications Enterprises, Inc.Court of Appeals for the First Circuit · 1999
- 360° Communications Co. v. Board of Supervisors of Albemarle CountyCourt of Appeals for the Fourth Circuit · 2000
- Petersburg Cellular Partnership, D/B/A 360o Communications Company, United States of America, Intervenor v. Board of Supervisors of Nottoway CountyCourt of Appeals for the Fourth Circuit · 2000
- South Carolina Green Party v. South Carolina State Election CommissionCourt of Appeals for the Fourth Circuit · 2010
- T-Mobile Northeast LLC v. Fairfax County Board of SupervisorsCourt of Appeals for the Fourth Circuit · 2012
3Cited by7 opinions
- T-MOBILE NORTHEAST LLC v. City of Newport NewsCourt of Appeals for the Fourth Circuit · 2012
- T-Mobile Northeast LLC v. Loudoun County Board of SupervisorsCourt of Appeals for the Fourth Circuit · 2014
- T-Mobile Northeast LLC v. Loudoun County Board of SupervisorsDistrict Court, E.D. Virginia · 2012
- Cellco Partnership v. Board of SupervisorsDistrict Court, E.D. Virginia · 2015
- New Cingular Wireless PCS, LLC v. Fairfax County Board of SupervisorsCourt of Appeals for the Fourth Circuit · 2012
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