New Cingular Wireless PCS LLC v. City of West Covina, California

BACKGROUND

I. Factual Background Plaintiff New Cingular Wireless PCS, LLC, d/b/a AT&T Mobility (“AT&T”) provides personal wireless services to its customers, including to residents of Defendant City of West Covina, California (the “City”). In order to fill an alleged service coverage gap, AT&T submitted an application for a conditional use permit (the “Application”) for the construction, operation, and maintenance of a stealth wireless communications facility (the “Proposed Facility”). The Proposed Facility was to be disguised as a eucalyptus tree and located at 3540 East Cameron Avenue (the “Site”), situated adjacent to two existing water tanks on private water district property in the City. This case concerns whether the City properly denied AT&T’s Application to build its Proposed Facility. In particular, the issues before the Court are whether there is substantial evidence in the written record to support the City’s denial of the Application and whether the denial amounted to an effective prohibition in violation of the Telecommunications Act of 1996. II. Procedural History On March 12, 2022, AT&T…