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OMNIPOINT COMMUNICATIONS v. ZONING HEARING BD.

No. 02-2194.

319 F.3d 627 (2003)

OMNIPOINT COMMUNICATIONS ENTERPRISES, L.P., Appellant v. ZONING HEARING BOARD OF EASTTOWN TOWNSHIP

United States Court of Appeals, Third Circuit.

Filed February 12, 2003.

Attorney(s) appearing for the Case

Paul J. Lawrence (Argued), Jay Carlson, Preston Gates & Ellis, Seattle, WA, James C. Dalton, Christopher H. Schubert, Riley Riper Hollin & Colagreco, P.C., Paoli, PA, for Appellant.

Andrew D.H. Rau (Argued), Gawthrop, Greenwood & Halsted, A Professional Corporation, West Chester, PA, Paula Tripodi Kaczynski, Holsten & Associates, Media, PA, for Appellee.

Before SLOVITER, McKEE, and ROSENN, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This case raises several important questions concerning the burgeoning wireless telecommunications industry and the interpretation and application of the Telecommunications Act, 47 U.S.C. § 151 et seq. (TCA). Omnipoint is a wireless telecommunications provider that claims that there is a gap in the wireless telecommunications services available to remote users in Easttown Township, Pennsylvania. Omnipoint...

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