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, ORDER ON REMEDY FOR FAILURE TO ACT CLAIM v.

CITY OF BERKELEY,

11 Defendant. 12 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”) unlawfully denied Verizon’s application to construct a personal wireless service facility in Berkeley, California. In relevant part, the court determined on cross motions for summary judgment by Verizon and Intervenor-Defendants Berryman Reservoir Neighbors (“BRN”) that Berkeley failed to act on Verizon’s application “within a reasonable period of time” after it was filed in violation of 47 U.S.C. § 332(c)(7)(B)(ii) (the “failure-to-act claim). GTE Mobilnet of Cal. Ltd. P’ship v. City of Berkeley (“GTE I”), No. 20-CV-05460-DMR, 2023 WL 2648197, at *18 (N.D. Cal. Mar. 27, 2023). It also held that…