T-Mobile’s Tower Denials ‘Supported by Substantial Evidence’ in Record, Says N.Y. Village
T-Mobile can’t prevail in its claims that Chestnut Ridge, New York, violated Section 704 of the Communications Act when it denied T-Mobile’s applications to build a 105-foot monopole cell tower (see 2307110008) because it fails to state a cause of…
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action upon which relief may be granted, said the village’s answer Monday (docket 7:23-cv-05852) in U.S. District Court for Southern New York in White Plains. T-Mobile also can’t prevail because the village’s denials “were supported by substantial evidence in the administrative record,” as federal law requires, it said. T-Mobile also can’t prevail because its proposed cell tower isn’t “the least intrusive means to remedy any purported gap in coverage or insufficient capacity,” it said.