A federal appeals court upheld a lower court’s...
A federal appeals court upheld a lower court’s decision that the Town of Greenburgh, N.Y., had unlawfully denied Crown Castle’s application to install a distributed antenna system (DAS) in public rights of way (http://1.usa.gov/1cWoAVt). The town’s decision was not supported…
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by substantial evidence, therefore violating Section 332 of the Communications Act, the court said. The town had concluded Crown Castle failed to demonstrate a need for the facilities, because they were “either purely speculative or for the apparent benefit of a single client.” The 2nd U.S. Circuit Court of Appeals ruled Friday that the town’s determination was not supported by substantial evidence. The town’s determination on “aesthetic intrusion” was also not supported by substantial evidence, the court said. The court “made several notable findings that are important for the DAS and wireless industries,” law firm Davis Wright said in a blog post Tuesday (http://bit.ly/LHum7b).