United States First Circuit
SECOND GENERATION PROPS., L.P. v. TOWN OF PELHAM, 02-1688
In a Telecommunications Act case, the district court erroneously found that if any carrier provides any coverage within a purported gap, there cannot be an effective prohibition on the provision of wireless services, but denial of a variance sought did not constitute an unlawful effective prohibition on the provision of wireless services.
Appellate Information
- Decided 12/17/2002
- Published 12/17/2002
Judges
- LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, BOWNES, Senior Circuit Judge, and LIPEZ, Circuit Judge.
Court
- United States First Circuit
Counsel
- For Appellant:
- Andrew R. Schulman with whom Getman, Stacey, Tamposi, Schulthess & Steere, P.A. was on brief for appellant.
- For Appellees:
- Diane M. Gorrow with whom Soule, Leslie, Kidder, Sayward & Loughman, P.L.L.C. was on brief for appellee.