Supremes To Weigh In On Cell Tower Citing Issue

In a decision that could help ease the way for telecom operators to site their towers and boost broadband service, the Supreme Court has agreed to hear an appeal of a case (T-Mobile South v. Roswell, GA) involving how a city has to justify its denial of a tower-siting permit, a case which has split federal circuits.

T-Mobile had challenged an Eleventh Circuit ruling -- overturning a district court -- that held that the city of Roswell, which had denied a tower placement, only had to notify the operator in writing of the denial and provide access to the administrative record of the decision, but did not have to explain how the decision was made. But various other federal circuits have read the law as requiring the city to provide a decision separate from the administrative record and at least some explanation of the reason for the denial.

That way, if there is a challenge in court, there will be a judicial matter at hand to wheigh whether the evidence supports that reasoning. The Supremes have now agreed to try and resolve that split.