Supreme Court Decision Alert - January 14, 2015

Yesterday, the Supreme Court issued one decision, described below, of interest to the business community.

Telecommunications Act—Local Government Permitting for Wireless Service Facilities—Requirement that Denial be "In Writing And Supported By Substantial Evidence"

T-Mobile South, LLC v. City of Roswell, Georgia, No. 13-975 (described in the May 5, 2014, Docket Report)

Section 332(c)(7)(B)(iii) of the Telecommunications Act of 1996 ("the Act") provides that when a local government denies a request to construct or modify a "personal wireless service facility"—such as a cellular tower—its decision must be "in writing and supported by substantial evidence contained in a written record." The Supreme Court granted certiorari to decide whether the "writing" must identify the "substantial evidence" supporting the denial. In a decision issued earlier today, the Supreme Court ruled that although a locality's reasons for denying a request need not appear in the denial