· 11/3/2009
Omnipoint Holdings, Inc. v. City of Cranston
Citations
- 586 F.3d 38
- 48 Communications Reg. (P&F) 1125
- 2009 U.S. App. LEXIS 24108
- 2009 WL 3592399
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that “[a]ny feasibility analysis” must “balance[] . . . competing interests”
- concluding district court did not err in finding proposed plan was only feasible option where City’s proposed alternative sites were not feasible and City’s expert was not credible
- “Beyond the statute’s language, the TCA provides no guidance on what constitutes an effective prohibition, so courts, including [the First Circuit], have added judicial gloss.”
- “The carrier has the burden to show an effective prohibition has occurred.”
- detailed evidence of provider’s systematic search and efforts to secure sites
- “When relevant, courts assessing whether a coverage gap is significant should consider, inter alia, the physical size of the gap, the area in which there is a gap, the number of users the gap affects, and whether all of the carrier’s users in that area are similarly affected by the gaps.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Lynch, Gajarsa, Lipez
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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