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Town Lacks Evidence to Deny Cell Tower Construction Process by Alan Hearty

Written by Alan Hearty | September 27, 2012 at 6:06 PM

Here’s an interesting article that provides a good (if brief) overview of Federal cell tower regulation under 47 U.S.C. § 332.   This article addresses the recent case of T-Mobile Central v. West Bloomfield Charter Township(Federal Sixth Circuit Court of Appeals, August 21, 2012), in which T-Mobile contended that West Bloomfield Township in Michigan violated the Telecommunications Act, 47 U.S.C. § 332 et seq., when it denied T-Mobile’s application for a new cell tower to address a gap in coverage.  The Sixth Circuit Court of Appeals determined that the Township’s decision had the “the effect of prohibiting the provision of personal wireless services,” thus violating 47 U.S.C. § 332(c)(7)(B)(i)(II).