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Pearson v. Zoning Hearing Board of Newlin Township

A wireless communications provider was entitled to a special zoning exception to construct and operate a cellular communication facility because the facility operated well within the common definition of "radio transmitter."

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Argued: October 5, 2000

Robert and Loren Pearson (Appellants) appeal from an order of the Court of Common Pleas of Chester County which affirmed the decision of the Zoning Hearing Board of Newlin Township (Board) granting an application for a special exception to construct and operate a cellular communication facility filed by Nextel Communications of Mid Atlantic, Inc. (Nextel).

Nextel is a wireless communications provider and currently holds a radio station license issued by the Federal Communications Commission (FCC), which license authorizes it to provide service to its user public in the Philadelphia metropolitan area, among other locations. In order for Nextel to provide continuous service to its users, it utilizes an interconnected series of cells that overlap in a grid-like pattern. Each cell contains a personal communication service (PCS) facility which works to transmit radio signals from cell to cell in order to provide reliable coverage to the public user.

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