AT&T officials appealed a U.S. District Court judge’s decision to dismiss the company’s wireless lawsuit against the city of Los Altos.
The telecommunications giant filed the appeal Sept. 16 with the U.S. Ninth Circuit Court of Appeal after Judge Edward J. Davila Aug. 22 sided with the city and against AT&T and Verizon Wireless.
According to Los Altos City Manager Gabriel Engeland, Verizon did not file an appeal.
Both wireless carriers claimed a 2019 urgency ordinance prohibited them from installing cell nodes in most of Los Altos. The carriers argued the city was violating federal regulations.
Cities cannot deny cell nodes on the basis of health and safety reasons, which are already specified under federal law.
The judge dismissed the claims after the city passed its updated wireless ordinance in June. The ordinance specified locations and other circumstances under which facilities could be installed and operated.
An AT&T spokesperson did not respond to a Town Crier request for comment on the reason for the appeal.
Going forward, AT&T must provide a court brief stating its case by Nov. 22. The city of Los Altos has until Dec. 22 to answer that brief. A court hearing has not yet been set, according to Los Altos City Attorney Jolie Houston.
Engeland noted both Verizon and AT&T can submit applications to install the cell nodes, regardless of court status.
“It seems likely AT&T will wait out for their appeal to be heard, but if they were inclined, they could submit now,” he said.
