T-Mobile West LLC v. The City and County of San Francisco

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 T-MOBILE WEST LLC, Case No. 20-cv-08139-SI

Plaintiff,

ORDER GRANTING IN PART

v. PLAINTIFF’S MOTION FOR

SUMMARY JUDGMENT; GRANTING

THE CITY AND COUNTY OF SAN IN PART PLAINTIFF’S MOTION FOR FRANCISCO, et al., PRELIMINARY INJUNCTION 11 Defendants. Re: Dkt. Nos. 29, 31 12 On March 12, 2021, this Court heard oral argument on motions by plaintiff T-Mobile West LLC (“T-Mobile”) for summary judgment and preliminary injunction. For the reasons stated below, the Court GRANTS IN PART T-Mobile’s motion for summary judgment and GRANTS IN PART T-Mobile’s motion for preliminary injunction. 17 BACKGROUND I. The Spectrum Act and Related Regulations Under Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012 (“Spectrum Act”), “[a] State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or…