Technology, Communications & Media Litigation
Wireless Infrastructure Ass’n et al. v. FCC – (8TH Cir.) (filed March 2024-pending) – Representing coalition of Wireless Infrastructure Association, Power and Communications Contractors Ass’n (PCCA), and NATE: the Communications Infrastructure Contractors in appeal of FCC landmark Digital Discrimination Order, which adopted rules imposing disparate impact discrimination standard on “covered entities” that include infrastructure companies and contractors.
Extenet v. City of Rochester 2024 US Dist LEXIS 33592 (W.D.N.Y. Feb. 27, 2024) – Obtained order striking down City’s fees on fiber optic lines and small wireless facilities in public rights of way under Section 253 of Communications Act. First case applying 2018 FCC Declaratory Ruling addressing standards for preemption of local government fees to hold that local government fees are limited to costs of managing telecommunications facilities access to public rights of way.
Snyder v. Boise County and Horizon Towers (Id. Dist. Ct. Jan. 4, 2024) – Represented real party in interest Horizon Towers in defending challenge to County grant of conditional use permit for wireless tower. Court affirmed that the County correctly determined that denying the permit would effectively prohibit the provision of wireless service in violation of Section 332 of Communications Act. Court held that FCC 2018 Declaratory Ruling clarifying standard for effective prohibition claims applies.
Teets v. Wyandotte School District (Mich. Cir. Ct. Aug. 25, 2023) – Obtained order granting motion to dismiss local citizens’ challenge to T-Mobile wireless facility based on claims of health risks from radio frequency emissions.
T-Mobile West LLC v. City and County of San Francisco, 2021 WL 1056788 (N.D. Cal. Mar. 19, 2021); 658 F. Supp.3d 773 (N.D. Ca. 2023) – Obtained summary judgment for T-Mobile establishing rights to modify wireless facilities under Section 6409 of the federal Spectrum Act, including order rejecting City attempt to require discretionary zoning permit for previously approved facilities based on City’s definition of size. Confirmed right to deemed granted remedy.
City of Portland v. U.S., 969 F.3d 1020 (9th Cir. 2020) – Represented Intervenor Wireless Industry Ass’n in successful support of FCC Declaratory Ruling interpreting Sections 253 and 332 of the Communications Act. Court affirmed FCC’s key rulings regarding the standard applicable to cases claiming effective prohibition of telecommunications service and limitations on local government fees.
Up State Tower v. Town of Kiantone, 2020 U.S. App. LEXIS 28934 (2d Cir. Sept. 10, 2020) – Obtain affirmance of District Court grant of summary judgment to tower company, holding that tower denial violated Section 332 of Communications Act.
Horizon Towers v. Park County, (23-cv-37 D. Wy.) (on-going) – Representing Horizon Towers in appeal of Park County, Wyoming denial of wireless tower permit application pursuant to Section 332(c)(7) of Communications Act. Obtained order denying intervention by local citizens. Obtained order excluding purported expert witness.
Allen v. Horizon Towers et al., 1:23-cv-559 (D. Id.) (on-going) – Representing tower company in defense of claim seeking to have tower removed due to alleged health effects of RF emissions. Plaintiff asserts novel claims seeking to apply Americans with Disabilities Act to wireless tower and wireless emissions. Motion to dismiss filed March 2024.