Justices to Pick Apart Tiff Over Georgia Cell Tower
WASHINGTON (CN) - The Supreme Court on Monday took up a case where T-Mobile South was denied a cellphone tower in Roswell, Ga.
At issue is a 2010 request by T-Mobile to build a 108-foot tower on 2.8 acres of vacant property "in a well-established residential neighborhood."
As an alternative to building on Lake Charles Drive, T-Mobile proposed masking the tower as a man-made tree, or monopine, standing up to 25 feet higher than surrounding pine trees.
Public opposition also led the telecom to renew its request to lease public property near the fire station, but Roswell shot it down.
The city's planning and zoning division supported the Lake Charles Drive plan with three recommended conditions, but the city council rejected the application and T-Mobile file suit.
A federal judge had granted T-Mobile an injunction under the Telecommunications
Act of 1996, but the 11th Circuit reversed this past October after considering whether the permit denial complied with the "in writing" requirement of the TCA.
In taking up the case Monday, the Supreme Court followed its custom of not issuing any comment on the case.
The Competitive Carriers Association can file a brief as amicus curiae.