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NEW CINGULAR WIRELESS PCS, LLC v. FAIRFAX COUNTY

No. 10-2381.

674 F.3d 270 (2012)

NEW CINGULAR WIRELESS PCS, LLC, d/b/a AT & T Mobility, Plaintiff-Appellant, v. The FAIRFAX COUNTY BOARD OF SUPERVISORS, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided: March 19, 2012.

Attorney(s) appearing for the Case

ARGUED: Hans J. Germann , Mayer Brown, LLP, Chicago, Illinois, for Appellant. Laura Schempf Gori , County Attorney's Office, Fairfax, Virginia, for Appellee.

ON BRIEF: David H. Cox , James N. Markels , Jackson & Campbell, PC, Washington, D.C.; John E. Muench , Nissa J. Imbrock , Mayer Brown, LLP, Chicago, Illinois, for Appellant. David P. Bobzien , County Attorney, Elizabeth Doyle Teare , Senior Assistant County Attorney, County Attorney's Office, Fairfax, Virginia, for Appellee.

Affirmed by published opinion. Judge AGEE wrote the opinion, in which Judge DAVIS and Judge FLOYD joined. Judge DAVIS wrote a separate concurring opinion.

OPINION

AGEE, Circuit Judge.

The Telecommunications Act of 1996 ("the Act") requires that a local government's denial of a request to place "personal wireless service facilities" be supported by substantial evidence, and not "have the effect of prohibiting the provision of personal wireless services." 47 U.S.C. §§ 332(c)(7)(B)(i)(II) & 332(c)(7)(B)(iii). In this case, the Board of Supervisors of Fairfax County, Virginia ("the Board") rejected...

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