ColfaxNet, LLC v. City of Colfax

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo---- 11 COLFAXNET LLC, No. 2:19-cv-02167 WBS CKD Plaintiff, v. MEMORANDUM AND ORDER RE:

MOTION FOR SUMMARY JUDGMENT

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