United States Third Circuit

The proper test for determining whether a gap exists, in the ability of remote users to access the national telecommunications network under the Telecommunications Act, is to look at all wireless users including plaintiff's. An ordinance, under which a variance application to locate a telecommunications tower was denied, is constitutional. (Republished opinion)

Appellate Information

• Argued 12/19/2002
• Decided 02/20/2003
• Published 02/20/2003

Judges

• Before SLOVITER, MCKEE, and ROSENN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Paul J. Lawrence (Argued), Jay Carlson, Preston, Gates & Ellis, Seattle, James C. Dalton, Christopher H. Schubert, Riley, Riper, Hollin & Colagreco, Paoli, for Appellant.


• For Appellees:
  
• Andrew D.H. Rau (Argued), Unruh, Turner, Burke & Frees, West Chester, John S. Halsted, Gawthrop, Greenwood & Halsted, West Chester, Paola Tripodi Kaczynski, Holsten & Associates, Media, for Appellee.