Client Successes

BB&K Telecommunications Law Attorneys Authored the Amici Brief in Support of the County

The Court of Appeals for the Fourth Circuit issued an important decision finding that when Fairfax County, Virginia denied T-Mobile's request to construct a wireless service facility, the County did not violate the Federal Communications Act. Early in the case, the FCC had filed an amicus curiae brief urging the Fourth Circuit to alter its longstanding precedent by applying the FCC's recent "shot clock" order.

In response, BB&K attorneys filed an amici curiae brief on behalf of the City of Arlington, Texas, the International Municipal Lawyers Association, the National Association of Counties, the National Association of Telecommunications Officers and Advisors, the National League of Cities, and the United States Conference of Mayors urging the court to find that the FCC's order neither supported T-Mobile's position, nor required the court to change its view of the law. Mirroring many of the arguments made by BB&K in its brief, the court ruled that its precedent was "unaffected by the FCC's ruling," and held that the County's denial did not violate the Communications Act.

BB&K attorneys Joseph Van Eaton, James R. Hobson and Matthew K. Schettenhelm authored the amici brief in support of the County.