SF Needn't Permit, Can't Stop T-Mobile Deemed-Granted Apps, Says Court
A federal judge declined to force San Francisco to issue permits for T-Mobile infrastructure but barred the city from “imposing penalties or in any way preventing T-Mobile from proceeding with installations” for applications deemed granted because the city didn’t act…
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in 60 days. In a Friday order (in a Pacer), Judge Susan Illston of the U.S. District Court in San Francisco partly granted the carrier’s motions for summary judgment and preliminary injunction. Illston disagreed with the city that the Spectrum Act violates the 10th Amendment’s anti-commandeering doctrine saying Congress may regulate only individuals. T-Mobile wanted the court to force San Francisco to issue a permit for deemed-granted applications, but Illston disagreed the law requires governments to do anything more than accept a carrier’s deemed-granted notice and not interfere with installations. "The FCC Spectrum Act only prohibits State or local governments from denying qualifying applications,” said Illston, citing a 2015 decision by the 4th U.S. Circuit Court of Appeals in Montgomery County, Maryland v. FCC. T-Mobile and the city didn’t comment now.