Global Tower Assets, LLC v. Town of Rome

BARRON, Circuit Judge.

The Telecommunications Act of 1996 (“TCA”) provides relief to those who are denied permission to build telecommunications facilities at the state or local level. The TCA makes such relief available if state or local land use authorities have denied such permission through. “final action.” The TCA, however, does not define what counts as “final action.” The result has been disputes — like this one — over whether a denial is a “final action.”

We have considered this issue once before. We held then that a local zoning board’s denial of a special use permit and variance to…