Supremes Side With T-Mobile on Tower Citing

Says notification must be contemporaneous
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The stars seemed to be aligning in Washington on Wednesday (Jan. 14) for the President's push for high-speed broadband, including clearing away impediments to broadband buildouts.    

The Supreme Court ruled on T-Mobile v. City of Roswell Jan. 14 that the Telecommunications Act requires local governments to provide timely reasons for denying a tower-citing request, and that simply sending a letter and providing a transcript of the hearing 26 days later did not cut it.    

T-Mobile had sued the city of Roswell, Ga., arguing that the city council denial was not supported by substantial evidence in a written decision stating the reasons. A district court agreed, but The Eleventh Circuit U.S. court of Appeals concluded that the denial letter and transcript were sufficient.

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