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SPRINT TELEPHONY PCS, L.P. v. COUNTY OF SAN DIEGO

Nos. 05-56076, 05-56435.

543 F.3d 571 (2008)

SPRINT TELEPHONY PCS, L.P., a Delaware limited partnership, Plaintiff-Appellant/Cross-Appellee, and Pacific Bell Wireless LLC, a Nevada limited liability company, dba Cingular Wireless, Plaintiff, v. COUNTY OF SAN DIEGO, a division of the State of California; Greg Cox, in his capacity as a supervisor of the County of San Diego; Dianne Jacob, in her capacity as a supervisor of the County of San Diego; Pam Slater, in her capacity as a supervisor of the County of San Diego; Ron Roberts, in his capacity as a supervisor of the County of San Diego; Bill Horn, in his capacity as a supervisor of the County of San Diego, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 11, 2008.

Attorney(s) appearing for the Case

Daniel T. Pascucci and Nathan R. Hamler, Mintz Levin Cohn Ferris Glovsky and Popeo PC, San Diego, CA, for the plaintiff-appellant/cross-appellee.

Thomas D. Bunton, Senior Deputy County Counsel, County of San Diego, San Diego, CA, for the defendants-appellees-cross-appellants.

Andrew G. McBride and Joshua S. Turner, Wiley Rein LLP, Washington, DC; William K. Sanders, Deputy City Attorney, San Francisco, CA; Joseph Van Eaton, Miller & Van Eaton, P.L.L.C., Washington, DC; John J. Flynn III, Nossaman, Guthner, Knox & Elliott, LLP, Irvine, CA; T. Scott Thompson, Davis Wright Tremaine, LLP, Washington, DC; and Elaine Duncan and Jesus G. Roman, Verizon California, Inc., Thousand Oaks, CA, for amici curiae.

Opinion by Judge GRABER; Concurrence by Judge GOULD.

GRABER, Circuit Judge:

The Telecommunications Act of 1996, Pub.L. No. 104-104, 110 Stat. 56 (codified as amended in U.S.C. Titles 15, 18 & 47) ("the Act"), precludes state and local governments from enacting ordinances that prohibit or have the effect of prohibiting the provision of telecommunications services, including wireless services. In 2003, Defendant County of San Diego enacted its Wireless Telecommunications Facilities ordinance. San Diego County Ordinance...

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