Sprint Loses Six-Year Legal Battle Against
San Diego’s Wireless Ordinance
The U.S. Supreme Court refused to hear Sprint’s appeal to overturn San Diego County’s wireless ordinance. (Decision on page 4 here.) The company launched a legal battle in 2003 against the ordinance restricting wireless installations in residential areas.
Congratulations to the County of San Diego, San Diego County Counsel Tom Bunton, and municipalities and community groups around the country who have been waiting for this affirmation of local zoning rights!
Glendale Organized Against Cell Towers and Glendale city staff working on this city’s wireless ordinance have been awaiting this case’s outcome. According to San Diego County Counsel Tom Bunton, the decision was not unexpected since the U.S. Solicitor General had recommended denial, and the outcome actually narrows telecom providers claims to preemption of local ordinances for both wireless and wireline installations.
As the Ninth Circuit Court decision stands, providers will have to comply with local ordinances requiring proof they actually need an installation instead of claiming they don’t have to comply because any restriction might have the effect of prohibiting telecommunications service.
HIP HIP HURRAY!!! Thanks to all those residents who fought for fairness and to those organizers who went above and beyond for the benefit of us all!
[...] San Diego County’s victory at the U.S. Supreme Court level, validating its wireless ordinance, has prompted Los Angeles residents to ask city officials for stricter regulation of wireless installations. Councilmembers Bill Rosendahl and Eric Garcetti co-sponsored a motion to have the City Attorney review Los Angeles’ Above Ground Facility Ordinance in light of the standing Ninth Circuit Court decision in Sprint v. County of San Diego. [...]
[...] Circuit Court of Appeals ruling in Sprint v. County of San Diego (see previous posts on that case here and [...]
[...] the beginning of summer 2009, Sunroom Desk reported that the U.S. Supreme Court refused to hear Sprint’s appeal of a Ninth Circuit ruling [...]
[...] Sprint’s petition to appeal the Ninth Circuit’s Sprint v. County of San Diego decision (which the Supreme Court declined to review), by PCIA (the wireless infrastructure association), California Wireless Association, and Newpath [...]