Small Cells – (ROW Cell towers) A Win For Communities!

Michael Watza served as co–counsel in an appeal at the US 9th Circuit Court of Appeals located in Anaheim Ca., of an FCC Order allowing massive cell towers into local neighborhoods with little to no local regulation as to size or placement and with wholly inadequate compensation to the local community for the burdens imposed by these edifices. Parties to the Appeal included PROTEC, the Michigan Municipal League, the Michigan Township Association, Bloomfield and Meridian Townships and other communities from around the country. “The focus of our win concerns the Court’s decision on the subject of aesthetic concerns and preservation of local zoning requirements.”- Mike Watza

“In sum, the requirement that aesthetic regulations be “no more burdensome” than those imposed on other technologies is not consistent with the more lenient statutory standard that regulations not “unreasonably discriminate.” The requirement that local aesthetic regulations be “objective” is neither adequately defined nor its purpose adequately explained. On its face, it preempts too broadly. We therefore hold those provisions of Paragraph 86 of the Small Cell Order must be vacated.” Opinion p. 52.

For more information, Mr. Watza can be reached at mike.watza@kitch.com or 313.965.7983 or 248.921.3888.

Michael J. Watza heads the governmental litigation and affairs practice at the Kitch firm. Mr. Watza’s areas of concentration include litigated, legislative and administrative solutions on behalf of municipal, non-profit and private sector clients in the areas of Telecommunications, Energy, Complex Litigation and Legislative Consulting.

Kitch Attorney Mike Watza Gets a Telecom Win in the US 9th Circuit Court of Appeals