Sprint Telephony PCS, L.P. v. County of San Diego

Sprint Telephony PCS sought an injunction in the district court to prevent San Diego County (“the County”) from enforcing its Wireless Telecommunications Facilities zoning ordinance (‘WTO”). The district court granted a permanent injunction, agreeing with Sprint that the WTO’s regulation of wireless facility placement violated § 253(a) of the Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56 (1996) (codified as amended in scattered sections of U.S.C. Titles 15, 18, & 47) (“TCA”). But, the court held that § 253(a) did not create a private right of action and thus denied Sprint’s 28 U.S.C. § 1983 claim for money damages and attorney’s fees. See Sprint Telephony PCS, L.P. v. County of San Diego, 377 F.Supp.2d 886 (S.D.Cal.2005). Sprint appeals the denial of its § 1983 claim, and the County cross-appeals seeking reversal of the order granting the permanent injunction. We conclude that the burdens imposed by the WTO were sufficient to sustain a facial challenge under § 253(a) and that Congress did not intend to permit enforcement of § 253(a) through a § 1983 damages action. We accordingly affirm the district court.

I.

Today’s wireless age began when Gu-glielmo Marconi…