California Wireless Association - keep updated with latest news
Sunday, July 12, 2009
The United States Supreme Court has denied Sprint's petition seeking review of the Ninth Circuit's En Banc decision. Thus, the En Banc decision is now final. The decision may make it more difficult to bring facial challenges to local wireless ordinances absent proof of actual prohibitive effect, but leaves intact the ability to challenge local zoning decisions on permit applications where the decisions violate federal restrictions, for example by prohibiting or having the effect of prohibiting the provision of wireless services, unreasonably discriminating among providers of functionally equivalent services unreasonably delaying a decision, failure of such a decision to be in writing and supported by substantial evidence contained in a written record or basing such a decision on the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC's regulations concerning such emissions. It also has no effect on challenges based on state law, such as the Permit Streamlining Act or other state limits on local jurisdictions' authority.
The United States Supreme Court has denied Sprint's petition seeking review of the Ninth Circuit's En Banc decision. Thus, the En Banc decision is now final.
The decision may make it more difficult to bring facial challenges to local wireless ordinances absent proof of actual prohibitive effect, but leaves intact the ability to challenge local zoning decisions on permit applications where the decisions violate federal restrictions, for example by prohibiting or having the effect of prohibiting the provision of wireless services, unreasonably discriminating among providers of functionally equivalent services unreasonably delaying a decision, failure of such a decision to be in writing and supported by substantial evidence contained in a written record or basing such a decision on the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC's regulations concerning such emissions. It also has no effect on challenges based on state law, such as the Permit Streamlining Act or other state limits on local jurisdictions' authority.