Sept. 19 Oral Argument Set in AT&T’s Cell Tower Dispute vs. Lane County, Ore.

U.S. Magistrate Judge Mustafa Kasubhai for Oregon in Eugene scheduled oral argument via videoconference Sept. 19 at 9 a.m. PDT on the June 1 motions for summary judgment filed by plaintiff AT&T and defendant Lane County, Oregon, said the judge’s text-only entry Tuesday (docket 6:22-cv-01635). AT&T wants the court to say Lane County’s denial of its application for a wireless telecommunications facility “amounted to an effective prohibition” in violation of the Telecommunications Act, said its motion for summary judgment. AT&T also asks the court to order the county to approve the application and “any and all other authorizations necessary” for construction and operation of the proposed facility, it said. But AT&T “is barred from seeking redress” from the Oregon District Court because it failed to file an appeal of the county’s application denial with the Oregon Land Use Board of Appeals, said the county's motion. Lane County also denies it effectively prohibited AT&T from providing personal wireless services or telecommunications services, as AT&T alleges, said the motion.