9th Circuit Reverses 2001 Ruling Limiting Local Regulation of Wireless Towers

摘要

Wireless carriers took a hit last week at the 9th U.S. Circuit Court of Appeals in San Francisco. In a case involving Sprint Nextel, the court upheld San Diego County limits on design, placement and size of wireless towers and poles. In an unusual action, the full court reversed a decision by a panel of the circuit upholding a district judge who permanently enjoined the county from enforcing the ordinance. "In some respects it's a very disappointing decision," said Andrea Williams, assistant general counsel at CTIA. It means carriers must show that an ordinance is "actually prohibiting or effectively prohibiting service to an area, and that means a higher standard in terms of evidence on the carrier's part," she said. An ordinance will have to take effect before a carrier can sue to block it, Williams said.