AT&T Sues Wheeling Under TCA to Challenge City’s Cell Tower Application Denial

Wheeling, West Virginia, and its planning commission unlawfully denied AT&T’s application to build an 85-foot cell tower to fill a significant wireless coverage and capacity gap in a portion of the city that includes Wheeling University, alleged AT&T’s Telecommunications Act complaint Tuesday (docket 5:24-cv-00106) in U.S. District Court for Northern West Virginia in Wheeling. AT&T, through its agent, GPD Group, submitted an application seeking approval of a special use permit that would allow construction of the tower, said the complaint. But the city denied the application “based on vague and unsupported allegations” that the proposed facility goes against the character of the community, it said. AT&T’s application “was complete and complied with all applicable requirements” established by the city, said the complaint. Both the city’s third-party expert and its zoning staff recommended approval of the carrier’s application, it said. Wheeling’s denial of the application wasn’t supported “by substantial evidence contained in a written record and effectively prohibits the provision of personal wireless services in the vicinity of the proposed facility,” said the complaint. The denial violates Section 332(c)(7) of the TCA, it said. AT&T is entitled to an order directing the city to grant the carrier’s application “and issue all necessary permits that will allow for the development of the proposed facility,” it said.