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U.S. Court of Appeals for the 9th Circuit

Dec. 13, 2013

Huntington Beach can require voter approval for antennas, court rules

Municipalities can require cell phone companies to win voter approval before erecting mobile telephone antennas on city-owned park property, a 9th Circuit panel held on Wednesday.

By John Roemer
Daily Journal Staff Writer

Municipalities can require cell phone companies to win voter approval before erecting mobile telephone antennas on city-owned park property, a 9th Circuit panel held on Wednesday. The decision reversed U.S. District Judge R. Gary Klausner of Los Angeles. Huntington Beach's requirement that T-Mobile's parent company, Omnipoint Communications Inc., go to the voters on the cell tower issue isn't preempted by the Telecommunications Act o...

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