AT&T, Los Altos Seek Dismissal of AT&T’s 9th Circuit Small-Cells Appeal

Appellant AT&T and Los Altos, California, seek an order dismissing AT&T’s appeal over the installation of small cells in the city’s rights-of-way, said their stipulated motion Friday (docket 22-16432) in the 9th U.S. Circuit Court of Appeals. “The parties have agreed that each side shall bear its own costs and fees on appeal,” said the motion. The appeal was docketed at the 9th Circuit in September 2022 but held in abeyance while the parties attempted several rounds of mediation. The dispute began in 2019 when AT&T applied to install 12 small cells on existing utility poles in the city’s rights-of-way. Los Altos responded to AT&T’s applications by changing its ordinances to prohibit such installations. AT&T then sued under Section 332 of the Telecommunications Act. Roughly 30 months after denying AT&T’s permit applications, and while the company's Section 332 claims were pending, Los Altos adopted new wireless regulations. At the city's urging, the district court then dismissed AT&T's claims as moot, leaving it to start over with new permit applications under the city's new wireless regulations. AT&T’s main issues on appeal included whether the district court erred in dismissing its claims as moot, including its claims that the city's 2019 permit denials weren’t supported by substantial evidence as the TCA required.