Spurned by San Francisco, T-Mobile has filed a lawsuit against the city and its Department of Building inspection, reports LawStreetMedia.com. T-Mobile alleges that long delays put San Francisco in violation of the Spectrum Act. In short, provisions of the Act mandate that local government cannot interfere with telecommunication modifications if a “modification of an existing tower or base station does not substantially change the physical dimensions of such tower or base station.”
T-Mobile asserts it first submitted modification plans to San Francisco, noting the suggested changes were in response to a need for improved coverage due to the pandemic. Applications filed from June to August were still awaiting a response in October, says T-Mobile, placing the response time well over the allotted sixty days. When a response was finally received, applications were marked as “incomplete.”
The lawsuit filed by T-Mobile seeks declaratory relief which would give the company the green light to go ahead with its planned upgrades. By failing to respond within the sixty day timeframe, rules of the Spectrum Act say that no response is to be interpreted as a positive response. T-Mobile just wants San Francisco to obey the law, according to the account.