Lemanowicz LLP Secures Trend-Setting Opinion


The United States District Court for the Eastern District of Pennsylvania has opined that federal courts within the Third Circuit are required to defer to the Federal Communications Commission’s interpretation of the "significant gap" standard in cases brought pursuant to section 332(c)(7)(B)(ii)(II) of the Telecommunications Act of 1996.  The Eastern District’s opinion was issued in Liberty Towers, LLC v. Township of Lower Makefield, (E.D. Pa. Docket No. 10-1666), which is being handled by firm attorneys Richard J. Lemanowicz, Crystal J. Fisher, and Gregory F. BrownThe Eastern District’s opinion is the first indication from a court within the Third Circuit that prohibition of services cases brought pursuant to section 332(c)(7)(B)(ii)(II) are no longer governed by the standard set forth in ATP Pittsburgh Limited Partnership v. Penn Township, 196 F.3d 469 (3d Cir. 1999), and reaffirmed in Nextel West Corporation v. Unity Township, 282 F.3d 257 (3d Cir. 2002), and Omnipoint Communication Enterprises v. Zoning Hearing Township of Easttown Township, 331 F.3d 386 (3d Cir. 2003). 

To learn more about the Eastern District of Pennsylvania’s decision or Lemanowicz LLP’s Telecommunications Practice, contact Richard J. Lemanowicz at (267) 544-9901.