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Broadband Deployment Law Advisor Insight and Commentary on the Deployment of Communications Infrastructure

Podcast: Survival of the Fittest

Posted in Broadband Deployment, Wireless

Like Turkey on Thanksgiving, for some things there is just no adequate substitute.  When you are siting a wireless facility, you want to show that there is no better substitute (or alternative) to your proposal.

We’ve litigated numerous “effective prohibition” cases under the federal Communications Act around the country and, while the specific standards vary from court to court, one of the prongs of any effective prohibition case will require an investigation of alternatives.  In this episode, we discuss some ways to demonstrate that your proposed facility is the best alternative and to get that evidence in the administrative record.  A well-documented record on your investigation of alternatives could boost your chance of approval at the local level or, if you get denied, it could potentially expedite your appeal.