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Cingular sues Pima over rejection of plan for cell towerJan 17, 2010 (The Arizona Daily Star - McClatchy-Tribune Information Services via COMTEX) -- Cingular has filed suit against Pima County, alleging the county violated the Federal Telecommunications Act by denying a cell-phone-tower application in December. The suit was filed Thursday in U.S. District Court. AT&T owns New Cingular Wireless PCS, which applied for a communications-tower permit for 4110 W. Sweetwater Drive, at the Cottonwood de Tucson behavioral health and drug rehabilitation facility. The county Board of Supervisors denied the permit application last month after neighbors objected, saying: --A cell-phone tower is not needed there because customers already get coverage from the carrier in that area. --There are many aesthetic conflicts, including that the monopalm design does not blend with other trees in the area, that it would not be effectively camouflaged, and that it would disrupt scenic views in the area. --It would reduce nearby property values. Neighborhood opposition was significant. Neighbors submitted a 51-signature petition in opposition. An AT&T representative said the company met with neighbors but could not compromise on several issues, though the tower proposal was reduced from 65 feet tall to 55 feet at neighbors' request. The company also maintained the tower is needed to expand coverage in the area, which is allowed in the Telecommunications Act of 1996. In the suit, Cingular says the act prevents local governments from denying a company the ability to do business. "New Cingular must continue to constantly update its technology and expand its network to keep up with consumers' ever-growing demand for mobile services, including mobile data services," the suit says. The suit continues, "New Cingular is continually finding and closing gaps in its wireless coverage," which is something the company says is allowed by the federal act that regulates communication companies. New Cingular Wireless PCS asks the court to order Pima County to issue the permit for the communication tower. Contact reporter Andrea Kelly at 807-7790 or [email protected] To see more of The Arizona Daily Star, or to subscribe to the newspaper, go to http://www.azstarnet.com. Copyright (c) 2010, The Arizona Daily Star, Tucson Distributed by McClatchy-Tribune Information Services. For reprints, email [email protected], call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA. |