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N.Y. SMSA LTD. PARTNERSHIP v. TOWN OF CLARKSTOWN

No. 07 Civ 7637(WGY).

603 F.Supp.2d 715 (2009)

NEW YORK SMSA LIMITED PARTNERSHIP d/b/a Verizon Wireless, New Cingular Wireless PCS, LLC, Spring Spectrum, L.P., and Omnipoint Communications, Inc., a wholly owned subsidiary of T-Mobile USA, Inc., Plaintiffs, v. TOWN OF CLARKSTOWN, and The Town Board of the Town of Clarkstown, Defendants.

United States District Court, S.D. New York.

March 26, 2009.

Attorney(s) appearing for the Case

John Eduard Barry, Andrew G. McBride, Jamie Alan Aycock, Joshua Scott Turner, Wiley Rein LLP, Washington, DC, Christopher B. Fisher, Cuddy & Feder, LLP, White Plains, NY, Gregory D. Meese, Price, Meese Shulman & D'Arminio, P.C., Woodcliff Lake, NJ, Michael Arthur Lampert, Michael Anthony Rowe, Charles Michael Rowan, Jr., Saul Ewing LLP, Princeton, NJ, Karl J. Nelson, Saul Ewing LLP, Baltimore, MD, for Plaintiffs.

Edward M. Ross, Megan Frances Carroll, Rosenberg Calica & Birney LLP, Garden City, NY, for Defendants.

Memorandum and Order

WILLIAM G. YOUNG, District Judge.1

On February 1, 1996, Congress enacted the Telecommunications Act of 1996 ("Telecommunications Act"), Pub.L. No. 104-104, 110 Stat. 56 (codified at 47 U.S.C. §§ 151 et seq., as amended), which made substantial changes to Federal regulation of telecommunications in order to facilitate the spread of new technologies nationwide. H.R. Conf. Rep. No. 104-458, at 113...

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