The publish was authored by Matthew Loescher, Esq.
Plainiff Los Angeles SMSA Restricted Partnership, doing enterprise as Verizon Wi-fi, introduced this motion to problem the denial by the Metropolis of Los Angeles of a revised utility to position, set up, assemble, and function private wi-fi service services at 2512 South Robertson Boulevard, Los Angeles Angeles, California. The proposed facility included a 52-foot-tall fake eucalyptus tree that was a wi-fi antenna and supporting ground-level tools. On this case, Verizon alleged the Metropolis’s choice violated the Telecommunications Act of 1996 (“the TCA”).
The court docket discovered that the document mirrored that the trial court docket thought-about the sufficiency of Plaintiff’s proof relating to a scarcity of protection within the space, together with the Defendant’s proof relating to the existence of protection, previous to discovering that the dedication of whether or not there was a big hole in protection required a discovering of reality inappropriate for decision on abstract judgment. Specifically, the Metropolis introduced testimonial proof from group members relating to the sufficiency of Verizon’s protection within the space together with proof Verizon had issued advertising and marketing supplies indicating sturdy 4G protection within the neighborhood. Because of the aforementioned, the court docket denied Plaintiff’s movement for reconsideration.
Los Angeles SMSA Restricted Partnership v. Metropolis of Los Angeles, 2021 WL 4706999 (2021)