GTE Mobilnet of California Limited Partnership v. City of Berkeley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 GTE MOBILNET OF CALIFORNIA Case No. 20-cv-05460-DMR

LIMITED PARTNERSHIP,

8 Plaintiff, FINDINGS OF FACT AND CONCLUSIONS OF LAW v.

CITY OF BERKELEY,

11 Defendant. 12 I. INTRODUCTION This is an action under the Telecommunications Act of 1996 (“TCA”), 47 U.S.C. § 332(c)(7). Plaintiff GTE Mobilnet of California (“Verizon”) alleges Defendant City of Berkeley (“Berkeley” or “the City”) unlawfully denied Verizon’s application to construct a personal wireless service facility in Berkeley, California. The court determined on cross motions for summary judgment by Verizon and Intervenor-Defendants Berryman Reservoir Neighbors (“BRN”) that Verizon was entitled to summary judgment on the second prong of its claim that Berkeley’s denial of the application had the effect of prohibiting Verizon from providing personal wireless services in violation of 47 U.S.C. § 332(c)(7)(B)(i)(II) (the “effective prohibition” claim). It also determined that Berkeley failed…