Documents related to the Petition to the US Supreme Court
Click here to read a pdf version of the Supreme Court Writ. Supreme Court Docket #00-393 This is a large file. If you have a slow connection, it will download slowly.  

Amicus Briefs filed in support of this Writ:
Vermont Congressional Delegation
This Brief represents elected officials and municipalities from across the country. Information is also found directly from Senator Leahy's Web site.

Concord Citizens for Responsible Tower Siting
This brief represents Concord, MA, and citizens groups and individuals from across the country.

Lincoln, MA
This brief represents the municipal government of Lincoln, MA.

Towns of Islip, Brookhaven, Smithtown, Huntington, and Oyster Bay, NY.
This brief represents contiguous town governments on Long Island, NY, serving a combined total population of approx. 1,300,000 persons covering roughly 730 sq.mi.

Citizens for Open Process in Antenna Siting, San Rafael Hill Tower Committee, Council on Wireless Technology Impacts, and San Francisco Neighborhood Antenna-Free Union
Amici are organizations from Marin and San Francisco Counties in CA which have participated in local government decision-making with regard to the siting of telecommunications facilities.

The Respondent to the Writ:
Here is the link to the Department of Justice response, on behalf of the FCC, to the four Writs for Certiorari appealing the 2nd Federal Circuit Court's decision to the Supreme Court. All Writs are addressed in this one response. Note that response argues that localities already have considerable siting powers.

Petitioners Reply Brief to Respondent (FCC):
Petitioners Citizens for the Appropriate Placement of Telecommunications Facilities, et al. submit this brief in reply to those portions of respondents Federal Communications Commission and United States of America's consolidated opposition brief which address CCAPTF's petition.

General Information on Litigation

Case law under the Telecommunications Act of 1996 (TCA) continues to grow. Decisions have been rendered as the U.S. District and U.S. Circuit Courts of Appeals levels that serve to delineate just what authority local governments still have under the provisions of Section 704 of the TCA. These decisions have dealt with:

1) adequate coverage for radio frequency (RF) signals
2) radio frequency interference (RFI)
3) preservation of character of neighborhoods
4) preservation of scenic areas
5) historic preservation
6) property devaluation
7) prohibition of service
8) discrimination between providers
9) siting decisions based on environmental and health effects of RF radiation
10) what constitutes substantial evidence in the written record of hearings and decisions

Here are links to these decisions and to other legal resources on this issue:
 Miller & Van Eaton is a law firm in Washington DC that specializes in telecommunication law. Their "Tower Toolkit 2000" gives an excellent overview of important case law to date.

Kirk Wines is the attorney for Medina, Washington, who won the case upholding the legality of moratoria to allow local government to develop appropriate zoning ordinances for wireless Telecommunications facilities siting. Be sure to visit the "Industry Myths" page.

Union University of Albany, New York - Albany Law School. Visit the Wireless Siting Law Homepage. Go to "Hot Topics, Current FCC Activity".