T-Mobile Northeast LLC v. Fairfax County Board of Supervisors

I join in Judge Keenan’s fine opinion in its entirety. I write separately to briefly emphasize the “substantial burden” that a plaintiff bears in seeking to show a violation of 47 U.S.C. § 332(c)(7)(B)(i)(II) (the so-called “prohibition clause”), 360° Communications Co. of Charlottesville v. Bd. of Supervisors of Albemarle Cnty., 211 F.3d 79, 87-88 (4th Cir.2000) (Albemarle County), and address what I believe to be a flaw in the dissenting opinion.

As the majority opinion correctly states, our cases recognize that a plaintiff can show an effective prohibition in two circumstances: by showing…