Experienced Massachusetts Telecommunications Law Attorneys
Nearly every American carries a cell phone, yet despite their irrefutable utility and necessity in today’s world of wireless communication, landowners are often reluctant to have a cell tower located in their community.
We work to refute common misconceptions about aesthetics and safety concerns that are often advanced by adjacent landowners and other project opponents, and we strive to reach a workable solution that meets the needs of the wireless telecommunications provider, cell phone users and the community and landowners near the proposed facility.
Unique Experience and Strong Past Results
Our lawyers have unique experience in telecommunications permit litigation. We represent cell tower contractors and telecommunications companies, deftly countering efforts by municipal entities to pre-empt siting and permitting of transmitting towers.
Our land use and zoning law practice throughout Massachusetts gives us the legal background, knowledge and experience to understand the context of local zoning and the proper application of the Telecommunications Act of 1996 (the TCA). We carefully analyze and assess local telecommunications bylaws and work with site developers and carriers to craft permitting strategies and coordinate permitting efforts. Our experience in the application of state and local environmental review procedures make us singularly qualified to assist telecommunications providers through the myriad issues and permitting authorities that impact and regulate telecommunications facility siting efforts
Massachusetts Cell Tower Development Litigation
Most cities and townships require a permit for telecommunications towers. Frequently, local zoning bylaws and ordinances place unworkable height limits, setback requirements and other unreasonable restrictions that effectively bar construction. We litigate these cases under the federal Telecommunications Act of 1996, the pre-emptive legislation that enables wireless service providers and facilities to override local authority. We regularly file suit in federal court under the TCA pertaining to:
- Effective prohibition claims – outright denial of or unreasonable limits on cell towers
- Substantial Evidence violations – lack of proper support for the local board’s decision
- Moratoria – improper stalling tactics used by municipalities to delay or stop tower development