United States Fourth Circuit

In a case involving certain "prohibition" and "discrimination" challenges brought by a wireless telecommunications provider against a local governing body under a provision of the Telecommunications Act of 1996, the Fourth Circuit affirms the district court's judgment that the Fairfax County Board of Supervisors's decision denying the appellant's request to construct a wireless facility did not violate the Act, where the district court did not err in concluding that the appellant failed to establish that the Board effectively prohibited personal wireless services, as proscribed by 47 USC section 332(c)(7)(B)(i)(II), or unreasonably discriminated against the appellant, as proscribed by 47 USC section 332(c)(7)(B)(i)(I).

Appellate Information

• Decided 03/01/2012
• Published 03/01/2012

Judges

• Barbara Milano Keenan

Court

• United States Fourth Circuit

Counsel

• For Appellant:
  
• Thomas Scott Thompson, Elizabeth Doyle Teare