Subject: [NEXTEL-1] Judge Gives Sprint Right To Sue County

From: [email-masked]
Date: Tue, 20 Apr 2004 16:49:37 -0400

Judge Gives Sprint Right To Sue County
BY SUSAN RUSH
APRIL 20, 2004

Municipalities suffered a blow late last week in their fight to control
or limit wireless service distribution and tower placements in their
communities. In a published opinion, a district judge in southern
California said carriers have the right to sue and seek damages from
counties that are trying to prohibit service rollouts.

Judge Judith Keep ruled that in the case involving Sprint and the county
of San Diego, Sprint has the right to sue the county and can move ahead
with its suit that alleges violations of the federal Civil Rights Act.

The county put forth an argument that Sprint had no right to sue because
wireless carriers were not protected under the 47 U.S.C section 253 of
the Telecommunications Act, which prohibits states or local bodies from
prohibiting a telecom company from delivering services to a community.

According to Sprint's lead counsel Fish & Richardson, the judge's ruling
is significant. "Telecommunications companies in battles with
municipalities throughout the U.S. have now been given a new avenue to
fight prohibitions of their services, including the placement of
wireless towers," the firm said in a statement. The law firm went on to
say that the ruling also gives carriers the green light to sue for
damages and seek attorney fees to fight the wishes of municipalities.

"Judge Keep's decision marks a considerable step in the law catching up
to technology," said Dan Pascucci, a principal at Fish & Richardson. "As
the country migrates to advanced wireless communications, there will
always be communities that resist change." Although Sprint acknowledged
the San Diego ruling, it was unable to provide comment at this time.

PCIA, the wireless infrastructure association, has noticed that the
length of time for tower companies or carriers to get their towers
approved is only getting worse.  The organization believes the ruling
such as the one last week in San Diego will benefit both carriers and
tower companies. "Local governments are being recalcitrant in the timely
process of applications," says Jay Keithley, PCIA's director of
government affairs. Case law that supports re-addressing the subject of
tower placement is a good thing, he adds.

http://www.wirelessweek.com/index.asp?layout=newsat2direct&starting=4&pubdate=04/20/04

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