California Municipal Law Blog
Telecommunications Act of 1996

U.S. Supreme Court Clarifies How and When Local Agencies Must Communicate Denials of Cell Tower Applications

by on January 26, 2015

posted in Recent Court Decisions, Zoning,

A cellular carrier applies for entitlements to erect a cell tower that a city council finds objectionable.  The council wishes to deny the application.  How and when must the council communicate the reasons for the denial to the applicant? In T-Mobile South, LLC v. City of Roswell, the United States Supreme Court answered these questions.  It confirmed that denials of cell tower applications must be in writing, but not necessarily in a specific format, such as a formal statement of denial.  The Court also clarified that the denial must be communicated about the same time as the denial is made.  ... Continue Reading

tags: Cell Towers, Telecommunications Act of 1996,