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Feds. Dist. Courtroom docket of CA Denies Motion for Partial Reconsideration of Denial of Wi-fi Service Facilities

Posted on 02/08/202208/05/2023 by epic

The submit was authored by Matthew Loescher, Esq.

Plainiff Los Angeles SMSA Restricted Partnership, doing enterprise as Verizon Wi-fi, launched this movement to downside the denial by the Metropolis of Los Angeles of a revised utility to place, arrange, assemble, and performance personal wi-fi service facilities at 2512 South Robertson Boulevard, Los Angeles Angeles, California. The proposed facility included a 52-foot-tall faux eucalyptus tree that was a wi-fi antenna and supporting ground-level gear. On this case, Verizon alleged the Metropolis’s decision violated the Telecommunications Act of 1996 (“the TCA”).

The courtroom found that the doc mirrored that the trial courtroom thought-about the sufficiency of Plaintiff’s proof referring to an absence of safety inside the area, along with the Defendant’s proof referring to the existence of safety, earlier to discovering that the willpower of whether or not or not there was an enormous gap in safety required a discovering of actuality inappropriate for choice on summary judgment. Particularly, the Metropolis provided testimonial proof from group members referring to the sufficiency of Verizon’s safety inside the area along with proof Verizon had issued promoting provides indicating sturdy 4G safety inside the neighborhood. On account of aforementioned, the courtroom denied Plaintiff’s motion for reconsideration.

Los Angeles SMSA Restricted Partnership v. Metropolis of Los Angeles, 2021 WL 4706999 (2021)

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