Cell tower siting – local control rebuked by court

Posted on January 30, 2012 by sharkins

A Federal Appeals Court has upheld a 2009 FCC ruling that limits the time state and local governments have to consider cell tower siting applications.

Ruling on a challenge brought by Arlington and San Antonio, Texas, in which the National League of Cities intervened, the U.S. Court of Appeals for the Fifth Circuit found that the FCC rule of 90 days for state and local governments to act on co-located sitings and 150 days for all other applications, is a “reasonable period of time”.

According to the rule if local officials fails to act within the time periods, a carrier may file a claim for relief in court. 

Arnold Weinfeld is Director of Strategic Initiatives and Federal Affairs for the Michigan Municipal League. He can be reached at 517-908-0304 or by e-mail.

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