1st Cir. Upholds Aesthetic Cell Tower Denial, But Remands on Tower Prohibition Evidence

The U.S. Court of Appeals for the First Circuit upheld a municipality’s decision denying a cell phone tower developer permission to erect a 140-foot monopole next to a highway due to aesthetic concerns, but said the district court failed to determine whether the decision acted as an impermissible prohibition on any cell towers in the area as required under the Telecommunications Act of 1996, 47 U.S.C. § 332 (TCA) (Green Mountain Realty Corp. v. Town of Milton, Massachusetts, et al., 1st Cir., No. 11-1706).

Judge Kermit V. Lipez’s opinion for the court affirmed the district court’s decision ...