TITLE

California Cities Can't Reject Cell Towers for Their Looks

AUTHOR(S)
Lawlor, James
PUB. DATE
April 2006
SOURCE
Planning;Apr2006, Vol. 72 Issue 4, p51
SOURCE TYPE
Trade Publication
DOC. TYPE
Article
ABSTRACT
The article discusses the ruling of the between Sprint PCS and the City of La Canada, California regarding the city's disapproval on the permit of the company to install cellular towers in the city. The Ninth Circuit Court of Appeals ruled in favor of the company and held that the rejection of the city of cell towers on public rights-of-way is not supported with substantial evidence as required by the federal Telecommunications Act. The court focused on the road's use and not its enjoyment and added that local regulators have no authority to deny permits under the utilities code based on aesthetics.
ACCESSION #
20303470

 

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