Legal Opinion
Sprint Telephony PCS, L.P. v. County of San Diego
Court of Appeals for the Ninth Circuit
Decided March 12, 2007No. 05-56076, 05-56435PublishedCited by 1 opinion
1Opinion of the Court
BRIGHT, Circuit Judge.
Sprint Telephony PCS sought an injunction in the district court to prevent San Diego County (“the County”) from enforcing its Wireless Telecommunications Facilities zoning ordinance (‘WTO”). The district court granted a permanent injunction, agreeing with Sprint that the WTO’s regulation of wireless facility placement violated § 253(a) of the Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56 (1996) (codified as amended in scattered sections of U.S.C. Titles 15, 18, & 47) (“TCA”). But, the court held that § 253(a) did not create a private right of action…
2Cases cited47 opinions
- United States v. SalernoSupreme Court of the United States · 1987
- United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Immigration & Naturalization Service v. Cardoza-FonsecaSupreme Court of the United States · 1987
- Cort v. AshSupreme Court of the United States · 1975
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3Cited by1 opinion
- Sprint Telephony PCS, L.P. v. County of San DiegoCourt of Appeals for the Ninth Circuit · 2007