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Supreme Court Sides With T-Mobile in Cell Phone Tower Dispute

 & Stephanie Mlot Contributor

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The U.S. Supreme Court this week ruled that a Georgia town did not provide enough explanation as to why local officials denied T-Mobile's 2010 application to build a cell phone tower.

In a 6-3 ruling, the court announced that municipalities must reveal why a proposal is rejected—in the initial denial letter or via another written record.

This case dates back four years, when T-Mobile South applied to build a 108-foot cell phone tower on 2.8 acres of vacant property in Roswell, Ga.

According to the city ordinances, phone towers must remain "compatible with the natural setting and surrounding structures," so as to not become an eyesore.

During an April 2010 public hearing, local residents raised concerns that the structure would be too tall and lack aesthetic appeal, and that its technology was already outdated and unnecessary, according to the Supreme Court ruling.

Council members added their two cents, suggesting other carriers had sufficient coverage in the area, and that the tower would not be "compatible with this area."

Two days later, an official letter from the city council to T-Mobile stated that the request was denied, and that T-Mobile could access the minutes from the hearing for further review. Those detailed minutes, the Court said, were not actually approved and published until 26 days later.

T-Mobile sued Roswell—a case the Un-carrier won in District Court, but later saw reversed by the Eleventh Circuit. On Wednesday, the U.S. Supreme Court sided with T-Mobile.

T-Mobile did not immediately respond to PCMag's request for comment. But a company spokesman told The Wall Street Journal the ruling is a "great victory."

"Transparent and fair decision-making by local governments will allow wireless service providers to improve the nation's wireless networks to meet consumers demand," he said.

The city of Roswell, meanwhile, isn't taking the news too hard: "[I]t won't be hard to comply," city attorney David Davidson told the Journal. "We just won't send them the decision until we have the minutes ready for the meeting."

For more, see Inside T-Mobile's Quest to Expand Coverage.

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Stephanie Mlot

Stephanie Mlot

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  • B.A. in Journalism & Public Relations with minor in Communications Media from Indiana University of Pennsylvania (IUP)
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