Facts

T-Mobile West Corp. sued the City and County of San Francisco in connection with T-Mobile's plan to construct a wireless facility in the City's Sunset district. The City's Planning Commission had approved T-Mobile's application for a conditional use permit on the subject property, but local residents appealed the Planning Commission's decision to the Board of Supervisors. Following a hearing, the Board upheld the appeal and denied the permit.

T-Mobile claimed in its lawsuit that the Board's denial was preempted by the Telecommunications Act of 1996, 47 U.S.C. section 332(c)(7). The court granted the City's motion for summary judgment on T-Mobile's claim that the Board's decision was not supported by substantial evidence. T-Mobile's remaining claim was that the Board's decision had the effect of prohibiting T-Mobile from providing wireless service in San Francisco.

Result

The parties agreed to a settlement. The settlement required the City to issue a conditional use authorization to allow T-Mobile to construct a wireless facility on the subject property that had fewer antennas than the conditional use permit approved by the Planning Commission.