2 ms·
The law referenced in the article, from the complaint, regarding the "right" to build cellular towers: The [Telecommunications] Act contains five enumerated
by woodrow 16y ago
The law referenced in the article, from the complaint, regarding the "right" to build cellular towers:
The [Telecommunications] Act contains five enumerated limitations to State and
local zoning authority. See 47 U.S.C. § 332(c)(7). Among other things, "[i]f a
[municipal] decision is not supported by substantial evidence, § 332(c)(7)(B)
(iii), or if it effectively prohibits the provision of wireless service,
§ 332(c)(7)(B)(i)(II), then under the Supremacy Clause of the Constitution,
local law is pre-empted in order to effectuate the Act's national policy
goals." Second Generation Props. L.P. v. Town of Pelham, 313 F.3d 620, 627
(1st Cir. 2002).
ATT really has the right to judicial review of the Council's decision, which may result in the Cambridge City Council's decision being overturned on the basis given above.