Press Release

Supreme Court Clarifies Damages Applied Under Telecommunications Act

Alexandria, VA, March 24, 2005. The Supreme Court’s decision on March 22 in the City of Rancho Palos Verdes v. Mark J. Abrams was a narrow one interpreting Congress’ intent in its adoption of the Telecommunications Act of 1996 (TCA). The Court held that, in limiting the power of state and local governments to regulate towers, the TCA created specific remedies to deal with any improper action. The TCA remedies did not include money damages or attorney’s fees, which are permitted under a different (non-telecom specific) statue. Since this case proceeded under the TCA, the Court held that only TCA-specified remedies applied.

PCIA would have preferred a decision permitting both TCA-specific and non-TCA-specific remedies, as money damages would further discourage state or local non-compliance with the TCA. Nevertheless, the key fact is that the city was found to be in contravention of the TCA in this case and ordered by the Federal Courts to permit the tower requested. Thus, the TCA accomplished its purpose and rightly imposed a high standard for the denial of a tower request. That bottom line is positive for our industry and the user public.

PCIA is endeavoring to partner with local jurisdictions across the nation to help them understand what is and is not permitted under the TCA. An essential objective in that effort, of course, is to create an environment wherein wireless infrastructure can be deployed expeditiously to ensure our members’ customers – their constituents – have reliable access to wireless telecommunications networks and state-of-the-art services, consistent with legitimate concerns of the local community we are both trying to serve.

About PCIA: PCIA, the Wireless Infrastructure Association, is the principal trade association representing the companies that make up the wireless telecommunications and broadcast infrastructure industry. PCIA’s members own and manage more than 50,000 telecommunications towers and antenna facilities that support analog, digital and broadcast services across the country.

PCIA seeks the advancement of the wireless communications industry through advocacy, technical and marketplace initiatives. As the leading representative of infrastructure providers, PCIA monitors the regulatory obligations imposed on its members and others in the industry. PCIA supports programs and policies that facilitate the rapid build-out of the national wireless networks, and enable the industries that construct and maintain these networks.