Subject:  Supreme Court Avoids Cell Phone Tower Dispute (Newton).
Date:     Mon, 06 Nov 2000 115729 -0600
From:     Roy Beavers 
To:       guru 
--------------------------------------------------

........Big News!!!!......From EMF-L......

Telecom Industry says this is a "devastating blow".....  For once, they
are being honest....!!!!  It's "good news" for the people -- the property
owners, municipal authorities, and **perhaps** the public health....
.....guru....

-------- Original Message --------
Subject: NYTimes.com Article: Court Avoids Cell Phone Dispute
Date: Mon, 06 Nov 2000 12:30:24 -0800
From: JNewton at EMRNetwork 
To: guru@emfguru.com, 

http://www.nytimes.com/aponline/national/AP-Scotus-Cellular-Phones.html

November 6, 2000

By THE ASSOCIATED PRESS



Filed at 10:12 a.m. ET

WASHINGTON (AP) -- The Supreme Court stayed out of a dispute over
how much leeway local governments have to control cellular
telephone companies' installation of antennas to broaden their
service areas.

The court, without comment Monday, turned down Omnipoint
Communications Enterprises' argument that it was improperly refused
permission to install an antenna in Newtown Township, Pa.

Omnipoint sued under the 1996 federal Telecommunications Act, which
bars local governments from enacting laws that would ``prohibit or
have the effect of prohibiting the provision of wireless
services.''

Omnipoint applied for a permit to put antennas on top of an
apartment building in Newtown Township. The town zoning board
denied the permit in 1998.

The company sued, and a federal judge ruled for the company. The
judge said Newtown's zoning policy violated the telecommunications
law because it, in effect, barred placement of antennas anywhere in
the township. Other companies were able to install antennas because
officials ``looked the other way,'' the judge said.

The 3rd U.S. Circuit Court of Appeals reversed the decision last
March. The court said it is not sufficient for a cellular phone
company to show that it was denied a chance to fill a gap in its
own service area.

Instead, the court said that to win its lawsuit, Omnipoint must
show that Newtown was not allowing any cellular phone company to
provide service in the area. The appeals court returned the case to
a lower court to determine whether Omnipoint could make such a
showing.

In the appeal acted on Monday, Omnipoint's lawyers said the 3rd
Circuit court's ruling ``deals a devastating blow to the personal
wireless services industry and the public'' and would mean
``telecommunications carriers will be unable to complete their
networks, users will be unable to communicate as they travel,
consumers will lose the benefit of competition among carriers and
public safety will be compromised.''  [....ABSOLUTE B.S.!!....guru]

The appeal was supported by ATT Wireless Services, Nextel
Communications, SBC Wireless, Sprint Spectrum and Dobson
Communications.

Newtown Township's lawyers said the telecommunications law keeps
local governments from prohibiting cellular phone service
generally, but it does not protect individual companies from local
regulation.

The case is Omnipoint Communications v. Newtown Township,
00-353.

^------

On the Net: For the appeals court ruling:
http://www.uscourts.gov/links.html and click on 3rd Circuit.

The New York Times on the Web
http://www.nytimes.com

/-----------------------------------------------------------------\


Visit NYTimes.com for complete access to the
most authoritative news coverage on the Web,
updated throughout the day.

Become a member today! It's free!

http://www.nytimes.com?eta


\-----------------------------------------------------------------/


Copyright 2000 The New York Times Company


Archive provided courtesy of WaveGuide, http://www.wave-guide.org
Reprinted with permission of Roy Beavers, http://www.emfguru.com