NINTH CIRCUIT GRANTS SAN DIEGO COUNTY'S REQUEST FOR REHEARING EN BANC OF SPRINT V. COUNTY OF SAN DIEGO

CALWA JOINS T-MOBILE AND PCIA IN FILING AMICUS BRIEF

On May 14, 2008, the Ninth Circuit Court of Appeals granted San Diego County's petition for rehearing en banc of the court's amended opinion in Sprint v. County of San Diego. The court's order merely stated: "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Circuit Rule 35-3. The three-judge panel opinion shall not be cited as precedent by or to any court of the Ninth Circuit."

The case was argued before the Ninth Circuit on June 24, 2008 by Thomas Bunton, Senior Deputy County Counsel for the County; Daniel T. Pascucci of Mintz, Levin, Cohn, Ferris Glovsky and Popeo, PC for Sprint; and Andrew G. McBride of Wiley Rein, LLP for amicus CTIA before the following members of the en banc court: Alex Kozinski, Andrew J. Kleinfeld, Michael Daly Hawkins, A. Wallace Tashima, Sidney R. Thomas, Barry G. Silverman, Susan P. Graber, Ronald M. Gould, Marsha S. Berzon, Richard C. Tallman, Jay S. Bybee.

Copies of the Original decision, the amended decision, the County's petition, the court's order and the parties' and amicus briefs, as well as an audio recording of the oral argument held before the Ninth Circuit can be downloaded below.

Original Ninth Circuit Opinion - 3/13/07

Amended Ninth Circuit Opinion - 6/13/07

County's Petition for En Banc Rehearing - 6/26/07

National League of Cities Amicus Brief in Support of Petition - 7/9/07

Sprint's Response to Petition - 8/24/07

County's Reply Brief in Support of Petition - 8/29/07

Ninth Circuit Order Granting Rehearing En Banc - 5/14/08

County's Supplemental Brief - 6/3/08

National League of Cities Amicus Brief - 6/4/08

Sprint's Supplemental Brief - 6/12/08

T-Mobile/CALWA/PCIA Amicus Brief - 6/13/08

CTIA Amicus Brief - 6/13/08

NextG Amicus Brief - 6/13/08

Recorded Oral Argument before Ninth Circuit - 6/24/08

CALWA INAUGURAL LAUNCH-A SUCCESS
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The California Wireless Association (CalWA) hosted its Inaugural Launch at the Island Hotel in Newport Beach, California on February 8th, 2007. The event was attended by more than 325 telecommunications industry professionals. Persons attended from Northern California, Arizona, Texas, Florida and New England. Everyone in the industry was excited to participate and become a part of the Inaugural event. The event was sponsored by the generous donations and support of our corporate Gold, Platinum and Titanium sponsors. CalWA was delighted to welcome the Mayor of Newport Beach, Steven Rosansky, who presented the association with a proclamation to memorialize the day's events and to welcome CalWA as a newly incorporated California organization. Two leaders of The Wireless Infrastructure Association ("PCIA"), Michael Fitch, President and CEO and Janet Gill, Director of Marketing and Member Relations, served as the event's keynote speakers. Guest Speaker Hunter Stuart, a founding member of the Tennessee State Wireless Association and also a member of PCIA's Executive Committee for the State Wireless Association Program, addressed the attendees with a "Call to Action" message. Stuart urged everyone to serve as active participants in the telecommunications industry and to continue to support CalWA with their time and energy.

CalWA would like to thank all of our event sponsors, volunteers, event speakers, committee and board members for helping to make the event a success. This is just the beginning of a great association created to benefit the wireless industry throughout the State of California. We are excited about continuing to develop and evolve the association.

The association is seeking volunteers to join our existing committees. If you are interested, please log onto our website at www.calwa.org and e-mail the chairs of any committee that you have an interest in joining.

Once again, thanks for your continued support. Stay tuned for upcoming meeting event details. If you have suggestions or comments for future meetings, CalWA would like to hear from you. Please e-mail us and continue to spread the word.