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Preemption Of Local Governments' Authority To Limit Wireless Phone Service Is A Tough Cell Under The Telecommunications Act, Jennifer A. Floyd

Missouri Law Review

This Note focuses on the substantive limitation of Section 332(c)(7)(B) of the Telecommunications Act which prevents local government from unreasonably discriminating among providers and from prohibiting the provision of service in decisions regarding the placement, construction, and modification of personal wireless facilities. Courts have addressed claims of unreasonable discrimination and prohibition of provision of service with a variety of results. Competing interpretations of the TCA have blurred the function and power of state and local governments in deciding whether to approve personal wireless service applications for construction or modification of towers. Spring Spectrum, L.P. v. Willoth provides a consumer-centered interpretation …