USCOC OF NEW HAMSPHIRE v. CITY OF FRANKLIN, N.H.

No. Civ. 05-CV-266-JM.

413 F.Supp.2d 21 (2006)

USCOC OF NEW HAMPSHIRE RSA # 2, INC., a Delaware corporation doing business as U.S. Cellular v. CITY OF FRANKLIN, NEW HAMPSHIRE

United States District Court, D. New Hampshire.

February 1, 2006.


Attorney(s) appearing for the Case

Steven E. Grill, Devine Millimet & Branch PA, Manchester, NH, for Plaintiff.

Paul T. Fitzgerald, Fitzgerald Sessler & Nichols, Laconia, NH, for Defendant.


ORDER

MUIRHEAD, United States Magistrate Judge.

Plaintiff USCOC of New Hampshire RSA # 2, Inc., d/b/a U.S. Cellular ("Plaintiff' or "US Cellular") moves for summary judgment on its claim that the Defendant, City of Franklin, New Hampshire ("Defendant" or the "City"), violated the Telecommunications Act of 1996 (the "TCA") in that the denial of Plaintiff's application for site plan approval to construct a personal wireless service facility was not...

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