Zoning – Cell Phone Tower – Residential Area – Permit Denial – Telecommunications Act

Zoning – Cell Phone Tower – Residential Area – Permit Denial – Telecommunications Act (access required)

New Cingular Wireless PCS LLC v. Fairfax County Bd. Supers. A county board of supervisors’ denial of a special exception permit to allow construction of an 88-foot cell phone tower in a residential neighborhood in Fairfax, Va., did not violate the Telecommunications Act of 1996; the 4th Circuit says substantial evidence supported the board’s decision, and the permit denial did not effectively prohibit wireless services under the Act.

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