Find out how The Garden Law Firm can help you today!
Kevin is on the Board of the National Forest Recreation Association. He has appeared before numerous federal district courts in litigation of government claims and federal land management issues. Contact Kevin to find out how he can help you.
Contact Kevin Today
Utility Sues Forest Service Over Denial of Permit
Your Government counsel.™
A telecommunications company has sued the Forest Service over the agency’s refusal to provide the company with a permit to construct a tower on the Santa Fe National Forest. The agency denied the permit because the applicant was able to lease space on another existing tower at the site owned by a competitor of the company which had additional available capacity. The company, however, asserted that the Telecommunications Act applied to the Forest Service’s action and the agency had violated that statute by not issuing the company a permit to construct its own tower.
The Forest Service’s decision was based on the fact that the current permit required the existing tower owner to house other tenants on its tower and that the agency would not issue new permits until the tower reached full capacity. The agency stated that the existing permit was issued pursuant to a competitive prospectus in 1984. The agency also asserted that the requirement that the existing tower be full before any new towers were built was intended to prevent a proliferation of towers.
The company, however, argued that no rules required the agency to take this position and that the position was contrary to the Telecommunications Act because it discriminated against the company and prohibited telecommunications service. It also pointed out that other towers had been built at the site since its competitor’s tower was constructed, which contradicted the claim that the competitor’s tower had to be at full capacity before other towers could be built. The applicant further claimed that the rental fees being charged by the existing tower owner were excessive and prohibitive.
Share this post
Subscribe to the mailing list
Find out how The Garden Law Firm can help you today!
Temporary Reprieve From Wildfire Insurance Coverage For Forest Service Campground and Day Use Permits
The US Forest Service recently issued a letter asking Regional Foresters to consider requests from holders of campground and day use permits for a one
Forest Service Cancels Campground Prospectus After Erroneously Listing It As A Small Business Set-Aside
The Forest Service recently decided to withdraw a prospectus for a campground permit after the agency had “mistakenly marked” the prospectus as a small business
Forest Service Revises Solicitation For Helicopter Wildfire Support In Light Of Protest
The Forest Service recently cancelled a solicitation for helicopter wildfire support and agreed to review its documentation justifying its proposed evaluation method in light of
Categories
Archives