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Court favors town on tower siting

WASHINGTON-A federal appeals court in Philadelphia ruled a U.S. district court erred in forcing a Pennsylvania town to allow a personal communications services tower to be built in the Pittsburgh market.

The U.S. Court of Appeals for the Third Circuit concluded the Penn Township’s zoning ordinance does not violate the 1996 telecom and is not invalid under state law.

Given the growing number of different federal appeals court rulings on antenna siting, some favoring localities and others backing carriers, the possibility increases of a U.S. Supreme Court review in the future.

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