253 Applied To Wireless Siting Ordinance

This is a recent decision out of the Southern District of California applying Section 253 to find San Diego County's wireless zoning ordinance facially unlawful.  This is exactly the direction of cases and challenges that I was advocating at my talk at CTIA in New Orleans.  It holds that the County's extensive and burdensome zoning scheme is a barrier to entry in violation of Section 253.  In so holding, the court strikes down many requirements that have traditionally been taken for granted by municipalities (and reviewing courts in Section 332(c)(7) appeals) as acceptable.  It seems to me that this decision presents a road map for attacking outrageous municipal zoning schemes and demands before a specific zoning application is denied.

Download sprint_telephony_pcs_v. San Diego County.pdf