AT&T Sues La. City a 2nd Time to Force Construction of 80-Foot Cell Tower

AT&T seeks equitable relief, declaratory judgment and expedited review challenging the “unlawful denial” by Jennings, Louisiana, of AT&T’s application to build an 80-foot wireless telecommunications facility within the city’s jurisdiction, said its complaint Monday (docket 2:23-cv-01769) in U.S. District Court for Western Louisiana in Lake Charles. AT&T has sought for “several years” to build a wireless facility in Jennings, located about 40 miles east of Lake Charles, said the complaint. But the city “has consistently frustrated these efforts” by refusing to issue the approvals and permits necessary to develop the facility, even though AT&T is entitled to develop the facility under the city’s ordinances, it said. The complaint names Phillip Arceneaux, in his official capacity as city inspector, as a co-defendant with Jennings. The complaint marks the second time the parties have been before the court as a result of the city’s violation of Section 332 of the Telecommunications Act, said the lawsuit. The court in the first lawsuit granted AT&T summary judgment on Sept. 22, finding that the city violated the TCA “by failing to resolve AT&T’s applications,” it said. The court ordered the city to “render a decision” on AT&T’s applications by Nov. 21, it said. Jennings complied with the order when it denied the applications on Nov. 14 and when it provided a written denial a week later, said the complaint. But in so doing, the city again violated the TCA, it said. The denial was unlawful under the TCA because it wasn’t supported by substantial evidence contained in a written record, it said. It also effectively prohibited AT&T from offering wireless services in the city, and it discriminated against AT&T, “relative to other providers of wireless service,” it said. As a result of the city’s “willful thwarting” of the congressional goal of rapidly developing telecommunications facilities, AT&T has “no choice but to again file suit” to require Jennings to permit the building of a new wireless facility, said the complaint. AT&T needs the facility to fill a “significant gap” in its wireless network coverage in and around the city, it said. AT&T “is entitled to an order” directing Jennings to grant its application, it said.