Walla Walla Asks That AT&T’s Cell Tower Complaint Be Dismissed With Prejudice

AT&T failed to satisfy the requirements of the Walla Walla, Washington, municipal code, as explained in the city hearing examiner's Nov. 2 decision denying AT&T’s cell tower application, said the city’s answer Tuesday (docket 4:23-cv-05162) in U.S. District Court for Eastern Washington in Richland to AT&T’s first amended complaint (see 2312040002). The municipal code’s requirements are imposed “on a competitively neutral basis,” in compliance with the Telecommunications Act, and are necessary “to preserve and advance universal service, protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers,” said the Walla Walla’s answer. AT&T also failed to “fully and adequately respond” to multiple requests made by the city for additional information on at least three different dates, and so AT&T’s claims “are barred by estoppel, waiver, and unclean hands,” it said. It asked that AT&T’s complaint be dismissed with prejudice.