Mont. County Denies Violating TCA When It Rejected Cell Tower Applications

Lake County, Montana, denies it violated the Telecommunications Act when it rejected Vertical Bridge’s applications to build a cell tower to remedy a gap in wireless coverage near the Finley Point area of Polson (see 2308170002), said the county’s answer Monday (docket 9:23-cv-00091) in U.S. District Court for Montana in Missoula. Vertical Bridge failed to show that the proposed tower was the least intrusive means of remedying the gap in coverage, or that it would remedy that gap, it said. Discovery in the case hasn’t begun, and the county is uncertain “what affirmative defenses may apply if this case goes to trial,” it said. Discovery, trial preparation and the facts of the case “may make some of the affirmative defenses applicable,” which is why they are being raised now “to avoid being waived,” it said.