New Cingular Wireless PCS v. Fairfax County Board of Supervisors, No. 10-2381
Decided Mar. 19, 2012
The Telecommunications Act of 1996 requires that a local government’s denial of a request to place “personal wireless service facilities” be supported by substantial evidence, and not “have the effect of prohibiting the provision of personal wireless services.” The Board of Supervisors of Fairfax County, Virginia (“the Board”) rejected the application of New Cingular Wireless (“AT&T”) to build an 88-foot telecommunications tower in a residential neighborhood. AT&T challenged this decision in the district court. The district court determined that substantial evidence supported the Board’s decision and that the Board’s ruling did not effectively prohibit wireless services under the Act. The Fourth Circuit Court of Appeals affirmed the judgment of the district court.
-Sara I. Salehi