A federal court in Cal. ruled that municipal govts. aren’t immune...
A federal court in Cal. ruled that municipal govts. aren’t immune from federal lawsuits over local zoning and land-use regulations that allegedly violate Telecom Act Sec. 253 and other federal laws. The U.S. Dist. Court, San Diego, ruled that…
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Sprint PCS can sue San Diego County for wireless tower siting regulations that Sprint claims are hindering its ability to operate there. The court said Sprint has a private right of action under Sec. 253, and also can seek financial damages for violations of the federal Civil Rights Act. San Diego County had claimed the state courts, not federal, had primary jurisdiction over municipal land use decisions. Sprint hailed the ruling for giving wireless carriers a new venue for fighting unreasonable local restrictions on their services and networks. The ruling didn’t address the merits of Sprint’s claims; it addressed only the issue of where those claims may be heard.