Anthony S. Guardino Federal and Local Law Govern Requests To Construct Cell Towers
Applications by wireless service providers to construct cell towers, and opposition to those applications, are governed by the Telecommunications Act of 1996 and by zoning and land use laws as provided in that law. This column discusses the principal governing law, recent FCC guidance, and notable court decisions in this area to provide a roadmap both for those seeking to install cell towers and those wanting to make sure that all rules are followed.
January 24, 2023 at 10:00 AM
9 minute read
By Anthony S. Guardino
In late December, AT&T Mobility, a wireless service provider, sued the Long Island village of Oyster Bay Cove and the village's zoning board of appeals and planning board in the U.S. District Court for the Eastern District of New York. AT&T alleged that the defendants failed to timely approve its request to construct a cell tower that it asserted was needed to provide reliable wireless service in an area of the village suffering from a "service gap."
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