Legal Opinion
New Cingular Wireless PCS, LLC v. Town of Stoddard
District Court, D. New Hampshire
Decided February 16, 2012No. Civil No. 11-cv-388-JLPublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM ORDER
JOSEPH N. LAPLANTE, District Judge.
The question in this case is whether the Town of Stoddard’s Zoning Board of Adjustment, by granting rehearing of its decision to approve plaintiff New Cingular Wireless PCS, LLC’s application to construct a wireless telecommunications facility, violated § 704(a) of the Telecommunications Act of 1996 by failing to act on the application “within a reasonable period of time.” 47 U.S.C. § 332(c)(7)(B)(ii). By ruling of the Federal Communications Commission, a local government must act on siting applications like New Cingular’s within 150 days — a…
2Cases cited16 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Town of Amherst v. Omnipoint Communications Enterprises, Inc.Court of Appeals for the First Circuit · 1999
- Martino v. Forward Air, Inc.Court of Appeals for the First Circuit · 2010
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3Cited by9 opinions
- Upstate Cellular Network v. City of AuburnDistrict Court, N.D. New York · 2017
- Global Tower Assets, LLC v. Town of Mount VernonDistrict Court, D. Maine · 2014
- Cellco Partnership v. City of MilwaukeeDistrict Court, E.D. Wisconsin · 2024
- Estate of Kenney v. Floyd, et al.District Court, D. New Hampshire · 2012
- New Cingular Wireless P C S L L C v. JenningsDistrict Court, W.D. Louisiana · 2023
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