ColfaxNet, LLC v. City of Colfax

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 COLFAXNET LLC, No. 2:19-cv-02167 WBS CKD 13 Plaintiff, 14 v. MEMORANDUM AND ORDER RE:

MOTION FOR SUMMARY JUDGMENT

15 CITY OF COLFAX, 16 Defendant. 17 18 ----oo0oo---- 19 Plaintiff ColfaxNet, LLC (“Plaintiff” or “ColfaxNet”), 20 brought this action against Defendant City of Colfax (“Defendant” 21 or “City”) alleging violations of the Federal Telecommunications 22 Act (“TCA”), 47 U.S.C. § 332(c)(7)(B) and 47 U.S.C. § 1455, and 23 its implementing regulations codified at 47 C.F.R. § 1600. 24 Plaintiff alleges that defendant: (1) did not act on plaintiff’s 25 request to modify an existing wireless communication facility 26 within a reasonable period of time, (2) failed to draft a written 27 denial of the plaintiff’s request, (3) failed to support its 28 denial with substantial evidence in the record, (4) improperly 1 considered radio frequency emissions in issuing the denial of 2 …