Sprint PCS Assets, L.L.C. Ex Rel. Sprint Telephony PCS, LP v. City of Palos Verdes Estates

The City of Palos Verdes Estates (“City”) appeals the grant of summary judgment in favor of Sprint PCS Assets, L.L.C. (“Sprint”). We must decide whether the district court erred in concluding that the City violated the Telecommunications Act of 1996 (“TCA”), Pub.L. No. 104-104, 110 Stat. 56 (codified as amended in various sections of U.S.C. titles 15, 18, and 47), when it denied Sprint permission to construct two wireless telecommunications facilities in the City’s public rights-of-way. Specifically, we must decide (1) whether the City’s denial is supported by substantial evidence, as required by 47 U.S.C. § 332 (c)(7)(B)(iii), and (2) whether the City’s denial constitutes a prohibition on the provision of wireless service in violation of 47 U.S.C. §§ 253 (a) and 332(c)(7)(B)(i)(II). Because the City’s denial is supported by substantial evidence, and because disputed issues of material fact preclude a finding that the decision amounted to a prohibition on the provision of wireless service, we reverse and remand.

I. FACTUAL AND PROCEDURAL BACKGROUND

The City is a planned community, about a quarter of which consists of public rights-of-way that were designed not only to serve the…