A cell phone tower developer has filed suit against Imperial County, claiming they have violated federal telecommunications law by denying their applications to build new cell towers along a railroad through the county.
They argue the project is needed to allow cell providers, including CitySwitch's primary tenant, AT&T, to maintain and expand their network and services in the region, which allegedly is a goal supported by the federal law.
The developer argues Imperial County and its planners improperly rejected their applications on the grounds that allowing the towers would conflict with the county's goals of limiting the number of cell towers in the county. The lawsuit asserts the denial would benefit another company, which the lawsuit alleges charges high non-market rents for the use of its towers, which in turn allegedly limits the ability of AT&T to invest in improving service in the area.
CitySwitch asserts this would limit competition and consumer access to wireless phone and data services, while increasing prices artificially. The company claims this is violation of federal law, which they assert seeks to encourage both competition and access.
CitySwitch is represented in the action by attorneys Matthew J. Marino and Joseph L. McGeady, of the firm of Allen Matkins Leck Gamble Mallory & Natsis, of San Diego; and Melissa K. Reagan and Allison R. Burke, of the firm of Sherman & Howard LLC, of Denver.