T-Mobile Northeast LLC v. Fairfax County Board of Supervisors
Court of Appeals for the Fourth Circuit
1Concurring in part, dissenting in partDavis, Circuit Judge
The majority cogently explains the two circumstances in which a local government’s denial of a wireless facility application “ha[s] the effect of prohibiting the provision of personal wireless services” in violation of 47 U.S.C. § 332(c)(7)(B)(i)(II): (1) where it has imposed a “ ‘blanket ban’ on wireless service,” such as a “general policy that essentially guarantees rejection of all wireless facility applications”; or (2) where there is an “effective absence of coverage” and “a lack of reasonable alternative sites to provide coverage.” Maj. Op. at 266. I agree that this statement is…
2Cases cited11 opinions
- Henry v. PurnellCourt of Appeals for the Fourth Circuit · 2011
- Sprint Spectrum, L.P. v. WillothCourt of Appeals for the Second Circuit · 1999
- Apt Pittsburgh Limited Partnership v. Penn Township Butler County Of PennsylvaniaCourt of Appeals for the Third Circuit · 1999
- 360° Communications Co. v. Board of Supervisors of Albemarle CountyCourt of Appeals for the Fourth Circuit · 2000
- Omnipoint Holdings, Inc. v. City of CranstonCourt of Appeals for the First Circuit · 2009
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