Pa. Judge Enters Order Ending AT&T’s 3-Year-Long Small Cells Fight vs. Pittsburgh

U.S. District Judge Christy Criswell Wiegand for Western Pennsylvania in Pittsburgh dismissed with prejudice AT&T’s three-yearlong small-cells infrastructure complaint against Pittsburgh, said her text-only docket entry Wednesday (docket 2:21-cv-00443). The dismissal was based on the parties’ joint stipulation Monday where the city said it had completed work on a “cost model” to determine fee schedules for installing small cells in the public rights of way. AT&T advised Pittsburgh April 9 that the city’s proposed updated fees would resolve the litigation, assuming the city council ultimately adopts those updated fees, said the stipulation. Pittsburgh advised the carrier that it expects formal council approval of the updated fee schedule but not before June, it said. Rather than further extend the court’s “ultimate disposition of this matter,” and anticipating that council will “act favorably” to adopt the updated fee schedule, the parties stipulated and agreed to dismissal of the action, it said. AT&T sued Pittsburgh in April 2021 after attempting to place small cells on poles in the city’s rights of way, allegedly to provide and improve wireless services. The Telecommunications Act limits the ability of municipalities to block installation of such facilities, and AT&T alleged that the city violated the TCA by blocking the installations.