Sprint PCS Assets, L.L.C. v. City of La Cañada Flintridge

ORDER AND AMENDED OPINION

ORDER

The opinion filed on January 17, 2006, slip op. 733, and appearing at 435 F.3d 993 (9th Cir.2006), is hereby amended in its entirety, and the amended opinion shall be filed concurrently with this order.

With the filing of this order and amended opinion, the panel votes to deny the petition for rehearing. Judges O’Scann-lain and Paez vote to deny the petition for *1069 rehearing en banc, and Judge Hall so recommends. The full court has been advised of the petition for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing and petition for rehearing en banc are therefore DENIED. No further petitions may be filed.

All other pending motions are DENIED as moot.

OPINION

This case requires us to determine whether a city can, consistent with federal law, deny a telecommunications company a permit to construct and to install a wireless antenna based solely on a city ordinance which is preempted by state law.

I

Sprint PCS is a wireless telecommunications company seeking to install two wireless telecommunications facilities in the city of La Cañada…