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Margate Cell Tower lawsuit waiting to be heard
• T-Mobile suing Margate and other cities around the U.S. for denying cell tower placement
Tuesday,
August 10, 2010
The January lawsuit filed against the City of Margate by cell phone provider T-Mobile for denying the company a conditional use permit to place a 100-foot Cell Tower on Margate’s Oriole Golf Course has yet to see the inside of a courtroom.
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In their February response to the 62-page T-Mobile federal lawsuit, the city denies the majority of allegations made by the company, including claims that T-Mobile needs the tower to provide adequate coverage in the area, and that Margate’s Oriole Golf Course is T-Mobile’s only possible location in Broward County to bridge their alleged coverage gap.
Margate City Attorney, Eugene Steinfeld, said T-Mobile is hoping for a summary judgment from a federal judge on the basis that the city violated the federal Telecommunications Act for denying T-Mobile cell tower placement where coverage gaps exist - a position T-Mobile takes in their lawsuit, but was unable to prove at the company’s December 9, 2009 presentation to Margate city officials and the public, when they revealed a coverage map showing no service gaps in Margate, but numerous gaps in neighboring Coral Springs.
Steinfeld said T-Mobile has until August next year to move the case forward before the likelihood of a non-jury trial.
Other cities around the nation being sued by T-Mobile for cell tower denials include Surf City, CA; Newport, VA; Roswell, GA and Brockton, MA.
Reader Opinion from Oregon
Jane Celltower
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