4th Circuit Rejects T-Mobile Zoning Challenge
T-Mobile sought in 2009 to address a gap in its coverage in Howard County, Md., by installing a monopole at the back of a Glenwood church. After three public hearings, the county denied T-Mobile’s conditional use petition, concerned that “T-Mobile had not engaged in formal negotiations” with a local public high school to locate the facility there, according to the opinion. The board denied the petition on the grounds that T-Mobile didn’t demonstrate the proposed ingress and egress to the site would provide “safe access with adequate sight distance,” and that the company hadn’t made a “diligent effort” to site the facility on government property.
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T-Mobile challenged the decision in U.S. District Court in Baltimore, arguing the county violated the 1996 Telecom Act by denying the application without “substantial evidence.” T-Mobile also argued the denial would restrict wireless buildout, in violation of the act. The district court upheld the board’s ruling. That was the right decision, the 4th Circuit held Friday in an unpublished opinion. It said the board had plenty of evidence. To find that a petition denial effectively prohibits service, a carrier needs to show that there’s no reasonable alternative for tower placement, the court said. T-Mobile “did not satisfy its particularly heavy burden,” the court said.
A T-Mobile spokesman did not comment. Scott Thompson of Davis Wright Tremaine argued the case on behalf of T-Mobile. The opinion was joined by Judges Harvie Wilkinson and Robert King.