Sprint PCS L.P. v. Connecticut Siting Council

222 F.3d 113, 2000 WL 1016337
Court of Appeals for the Second Circuit·Decided July 11, 2000·No. No. 00-7073·Published·Cited by 3 cases

Opinion

PER CURIAM.

This is an interlocutory appeal from an order of the United States District Court for the District of Connecticut (Alfred V. Covello, Chief Judge) dismissing, sua sponte, one of two counts in the plaintiffs complaint for failure to exhaust state administrative remedies. Each of the parties to this appeal takes the same position: that the district court misinterpreted Connecticut state law governing the appeala-bility of declaratory rulings by state administrative agencies. Because we agree with the parties, we reverse and remand.

BACKGROUND

Plaintiff-Appellant Sprint PCS L.P. (“Sprint”) is a nationwide wireless telecommunications company that is licensed to provide Personal Communications Services (“PCS”) in the State of Connecticut. “PCS” refers to a recent generation of wireless service using digital transmission to provide wireless telecommunications services. As with traditional cellular telephone technologies, PCS is provided through a network of radio antennas and transmitters (referred to as “sites”). Portable telephones using PCS technology operate by transmitting a low-power radio signal to the antenna at a nearby site. The signal is then sent to an ordinary telephone line and routed to its ultimate destination. Calls or other communications using PCS must be passed from one geographic “cell” site to another as the mobile user travels from place to place. Sites must be sufficiently close together for PCS users to have continuous service.

Traditional cellular carriers use a similar system of broadcast towers to transmit communications to and from their mobile users. PCS providers and traditional cellular carriers thus face comparable zoning and land acquisition problems in constructing their network of sites. Traditional cellular carriers are able to resolve these problems in a streamlined fashion by petitioning defendant-appellee the Connecticut Siting Council for authority to construct their telecommunications facilities. A company unable to petition the Siting Council would be required to seek separate approval from each of the more than 160 municipalities in the State of Connecticut in which it desired to construct a telecommunications facility.

On October 29, 1997, Sprint submitted to the Siting Council a “Petition for Declaratory Ruling” asking the Siting Council to determine whether or not it had jurisdiction over the siting of Sprint’s PCS towers and equipment. Sprint did not apply for a certifícate of environmental compatibility and public need, which, if obtained, would have entitled it actually to commence construction of its telecommunications facilities. See generally Conn.Gen. Stat. § 16-50k.

On December 10, 1997, the Siting Council issued a declaratory ruling to the effect that Sprint’s PCS towers and equipment are not “facilities” within the Siting Council’s jurisdiction. The Siting Council based its decision on the definition of “facility” in Conn.Gen.Stat. § 16-50i(a)(6). That statutory provision defines “facility” to mean, inter alia, “such telecommunications towers, including associated telecommunications equipment, ... used in a cellular system, as defined in the Code of Federal Regulations Title 47, Part 22, as amended, which may have a substantial adverse environmental effect, as said council shall, by regulation, prescribe.” Conn.Gen.Stat. Ann. § 16-50i(a)(6) (West Supp.2000) (footnote omitted). The Siting Council noted that it had “consistently interpreted” this provision to exclude PCS from the category of “cellular system[s]” falling within the Siting Council’s jurisdiction.

On January 8, 1998, the plaintiff sued the Siting Council in federal district court in Connecticut, seeking declaratory and injunctive relief. In Count I of its complaint, Sprint sought a declaration that the [115]*115definition of “facility” in Conn.Gen.Stat. § 16-50i(a)(6), as interpreted by the Siting Council, is inconsistent with and preempted by 47 U.S.C. § 332(c)(7)(B)(i), which, inter alia, prohibits unreasonable discrimination between providers of functionally equivalent personal wireless services.1 In Count II of its complaint, Sprint sought, in the alternative, a declaration that the Siting Council’s interpretation of Conn.Gen. Stat. § 16-50i(a)(6) was erroneous under state law. Sprint’s complaint also sought two alternative forms of injunctive relief: (1) a permanent injunction prohibiting the Siting Council from accepting, processing or acting upon any requests for authority to construct telecommunications towers and equipment until such time as Conn. Gen.Stat. § 16 — 501(a)(6) treats all providers of wireless personal communications services equally; or (2) a permanent injunction requiring the Siting Council to accept, process and act upon Sprint’s requests for authority to construct PCS towers and equipment in the same manner that it accepts, processes and acts upon similar requests by traditional cellular companies.

Sprint moved and the Siting Council cross-moved for summary judgment on Count II of Sprint’s complaint. Célico Partnership, appearing as an intervenor below, filed a brief in support of the plaintiffs motion for summary judgment. Springwich Cellular Limited Partnership, also appearing as an intervenor below, filed a brief largely in support of the plaintiffs position. No party suggested that there was an issue as to whether or not Sprint was foreclosed from pursuing a judicial remedy because it had not exhausted its administrative remedies.

The district court, in an unpublished opinion, denied both of the cross-motions for summary judgment without reaching their merits. It concluded, without the benefit of briefing or argument on the issue, that Count II of the plaintiffs complaint should be dismissed because “pursuant to [Conn.Gen.Stat.] §§ 16-50q and 4-183, additional administrative remedies are available with respect to count two and have not been exhausted.” In response to the parties’ motions for reconsideration, the district court declined to alter its ruling.

Upon a request by the parties, the district court then certified its decision for interlocutory appeal pursuant to 28 U.S.C. § 1292(b), and on January 25, 2000, this Court decided to hear the appeal.

DISCUSSION

I. Standard of Review

As a general matter, when we review a district court’s decision to deny a motion for summary judgment, we do so de novo. See Schaefer v. State Ins. Fund, 207 F.3d 139, 142 (2d Cir.2000); Terwilliger v. Terwilliger, 206 F.3d 240, 244 (2d Cir.2000).

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Sprint PCS L.P. v. Connecticut Siting Council, 222 F.3d 113, 2000 WL 1016337 (2d Cir. 2000).

222 F.3d 113 (Sprint PCS L.P. v. Connecticut Siting Council) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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