After the City of Wheeling, WV denied its cell tower application, AT&T (NYSE: T) chose to take the matter to court. AT&T had proposed to build an 85-foot cell tower on privately owned property near the Augusta Levy Learning Center to address a coverage gap. However, as The Intelligencer reports, the Wheeling Planning Commission delivered a 5-2 vote against AT&T last April. AT&T asserts in its lawsuit that the City of Wheeling violated the Telecommunications Act of 1996 (TCA) with its negative ruling.
“Both the City’s third-party expert and the City’s zoning staff recommended approval of AT&T Mobility application,” the complaint reads. “The City’s denial of AT&T’s application was not supported by substantial evidence in a written record and effectively prohibits the provision of personal wireless services in the vicinity of the proposed facility.”
AT&T included a reminder that phantom health concerns cannot be cited as the FCC recognizes that cell towers do not represent a health risk to humans. The telecom further noted that the selected location was slated for a wooded area where it would not create an eyesore, and that the height did not require clearances from the FAA. AT&T stated that the cell tower proposal met “all applicable requirements established by the City.”
Wheeling City Manager Robert Herron declined to comment on the lawsuit but did say that the matter remains under discussion. He commented that legal teams for the city and AT&T have been working to come up with a compromise that they can then present to the Planning Commission, according to The Intelligencer.
“In denying the Application, the Commission did not rely on any evidence and did not find that the Application failed to comply with the Telecommunications Ordinance,” reads the AT&T complaint. “Mere generalized concerns about aesthetics and property values, or similar ‘not in my back yard’ arguments do not constitute substantial evidence under the TCA.”
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