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<br /> 301 F.Supp.2d 1251 Page 2
<br />· (Cite aa: 301 F.$upp.2d 1251)
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<br /> District court reviews record de'nero to determine bears burden of establishing that city engaged in
<br /> whether it supports applicanfs claim that 'city% unreasonable discrimination in violation of
<br /> rejection of application for wireless TeleCommlalications Act (TCA). Communications
<br /> commRlliCatious tower effectivelY prohibits such Act of 1934, § 332(c)(7)(B)(i)(I), 47 U.S.C.A. §
<br /> towers in city. Communications Act of 1934, § 332(c)(7)(B)(i)iT).
<br /> 332(C)(7)(B)(i),47U.S.C.A.§332(c)(7)(B)(i). '1253 Christopher P. Koback, Davis Wright
<br /> Tremaine, LL?, Portland, OR, for Plaintiff.
<br /> [7] Zoning and Planning C~384.1
<br /> 414k384.1 Most Cited Cases Pamela J. Beery, Paul C. Eisner, Beery & Eisner,
<br /> LLP, Portland, OR, for Defendant.
<br /> Single zoning'decision can give rise to effective
<br /> prohibition of wireless services in violation of
<br /> Telecommunications Act (TCA). Communications OPIHIONAND ORDER
<br /> Act of 1934, § 332(c)(7)(B)(i), 47 U.8.C.A. §
<br /> 332(c)(7)(B)(i). MOSMAN, District 3udge.
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<br /> '[8] Zoning and Planning C~384.1 ' Plaintiff Voice Stream PCS I, LLC ("plaintiff')
<br /> 414k384.1 Most Cited Cases brings this lawsuit under the TelecommunicatiOns
<br /> Act of 1996 ("TCA"), seeking to overturn the City
<br /> City% decision to deny conditional use application of Hillsboro's decision to deny plointiffs
<br /> for wireless telecommun/cat/ous tower /n conditional-use application to erect a
<br /> resident/ally z~ned area did not effectively, prohibit wireless-telecommunlcatious (or, as commonly
<br /> wireless seridces in city, in violation of called, a "cell-phone")· ·tower in a residentially
<br /> Telecommunlcatious Act ('rCA), where proposed zoned area. The issues in this case pit the TCA's
<br /> tower would have simply hnproved er/sting indoor intention to deregulate the wireless telephone
<br /> coverage, not filled complete void in coverage, industry aga/ust the tradilional control over local
<br /> applicant could have-achieved its objectives by ~ land use maintained by municipalities. For the
<br /> in,stalling two towers at other locations, and city's reasons discussed below, municipal control prevails
<br /> decision was based on specific circumstances in th is case.
<br /> 'presented, not on unsubstantiated general
<br /> observations. Communications Act of 1934, § I. Background
<br /> 332(c)(7)(B)(i), 47 U.$.C.A. § 332(c)(7)(B)(i).
<br /> Personal wireless services are dependent upon low
<br /> [9] Zontng and Planning ~384.1 power, high frequency radio .signals that are
<br /> 414k384.1Most Cited Cases transmitted from antennae placed on preexisting
<br /> structures, such as water towers, or on newly
<br /> City's decision to deny conditional use application constructed towers. See generally Southwestern
<br /> for wireless telecommunications tower in Bell Mobile Syn.. v. Todd, 244 F.3d 51, 56-$7 (lst
<br /> .residentially zoned area did not unreasonably Cir.2001); Sprint'Spectrum, £.P.v. Willoth, 176
<br /> discriminate again.~t applicant, in violation Of F.3d 630, 634-35 (2d Cir.!999). As a subscn~oer
<br /> Telecommunications Act ('rCA), even though city travels within a cellular providers service area, the
<br /> had previously granted conditional use permits for cellular call in progress is transferred from one cell
<br /> two other wireless communication facilities in site to another without noticeable interruption. To
<br /> residential areas, where there was no evidence of increase quality of service and therefore attract
<br /> any relevant similarity other than common zoning subscribers, providers usually have an incentive to
<br /> designation.- Communications Act of 1934, § increase the number of cells and correspondingly
<br /> 332(c)(7)(B)(i)(I),47 U.S.C.A. § 332(c)(7)(B)(i)C0. decrease the geographic coverage of each cell. In
<br /> furtherance of this plan to improve servia,
<br /> [10] Zoning and Planning ~=~685 coverage within an area is maintained by arranging
<br /> 414k685 Most Cited Cases antennae in a honeycomb-shaped grid. When the
<br /> grid is placed over a city map, desired tower
<br /> Unsuccessful applicant for conditional usc locations of course often fall in residential areas.
<br /> application for wireless telecommtmication8 tower /Mid because wireless technology is .relatively
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<br /> Copt. © West 2004 No Claim to Orig. U.S. Govt. Works
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