Indus. Commc'n v. Slade, No. 10-1738 (1st Cir. 2011)Annotate this Case
Three providers of wireless service filed suit under the Telecommunications Act, 47 U.S.C. 332(c), after the town denied one provider a variance for a telecommunications tower. The suit is still pending, but the town entered into a consent decree to allow the proposed 100-foot tower without further hearings. Over objections by neighboring owners, the district court approved the agreement. The First Circuit vacated and remanded, holding that the neighbors cannot prevent the town from abandoning its defense and settling, but did have standing to oppose the entry of the consent order, based on their interest in enforcement of zoning laws.
The court issued a subsequent related opinion or order on May 31, 2011.