T-MOBILE NORTHEAST v. FAIRFAX COUNTY BD. OF SUP'RS

No. 11-1060.

672 F.3d 259 (2012)

T-MOBILE NORTHEAST LLC, Plaintiff-Appellant, v. FAIRFAX COUNTY BOARD OF SUPERVISORS, Defendant-Appellee, and Fairfax County, Virginia, Defendant. Federal Communications Commission, Amicus Curiae, City of Arlington, Texas; International Municipal Lawyers Association; National Association of Counties; National Association of Telecommunications Officers and Advisors; National League of Cities; United States Conference of Mayors, Amici Supporting Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 1, 2012.


Attorney(s) appearing for the Case

ARGUED: Thomas Scott Thompson , Davis, Wright & Tremaine, LLP, Washington, D.C., for Appellant. Elizabeth Doyle Teare , County Attorney's Office, Fairfax, Virginia, for Appellee. ON BRIEF: David P. Bobzien , County Attorney, County Attorney's Office, Fairfax, Virginia, for Appellee. Austin C. Schlick , General Counsel, Peter Karanjia , Deputy General Counsel, Richard K. Welch , Acting Associate General Counsel, James M. Carr , Federal Communications Commission, Washington, D.C., for Federal Communications Commission, Amicus Curiae. Joseph Van Eaton , James R. Hobson , Matthew K. Schettenhelm , Miller & Van Eaton, PLLC, Washington, D.C., for Amici Supporting Appellee.

Affirmed by published opinion. Judge KEENAN wrote the majority opinion, in which Judge AGEE joined. Judge AGEE wrote a separate concurring opinion. Judge DAVIS wrote a separate opinion concurring in part and dissenting in part.


OPINION

BARBARA MILANO KEENAN, Circuit Judge:

In this appeal, we consider certain "prohibition" and "discrimination" challenges brought by a wireless telecommunications provider against a local governing body under a provision of the Telecommunications Act of 1996 (the Act). 47 U.S.C. § 332(c)(7)(B)(i). We review the district court's holding that the Board of Supervisors of Fairfax County, Virginia (the Board), did not violate the Act in denying a request...

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