PANAMA CITY — City commissioners violated federal law last year when they rejected a proposal to build a 150-foot cellphone tower at Florida Avenue and 19th Street, according to a U.S. District Judge’s ruling.
Commissioners, who have been ordered to rethink their decision, unanimously rejected Vertical Assets’ plans for the cell tower in September, verbally citing reasons of incompatibility. However, Judge Richard Smoak ruled in the court case filed by Vertical Assets that commissioners were in violation of the Telecommunications Act of 1996 (TCA).
Because Panama City “has violated the TCA and did not include the reasons for its denial in a written record, (Vertical Assets) is entitled to … the requested permit,” Smoak wrote in his conclusion. Panama City “shall immediately approve (Vertical Assets’) application and issue any and all approvals necessary … to construct and operate the proposed tower.”
The TCA requires local governments that deny cell tower applications put in writing both their reasons — and substantial evidence supporting those reasons. Smoak determined the city’s minutes and a denial letter only stating “the commission voted to deny the request” did not meet TCA denial requirements.
Vertical Assets filed two complaints against the city. In exchange for approval to build the tower, Vertical Assets has agreed to drop the second count of the complaint alleging the city treated them differently than earlier cell tower builders.
Mayor Greg Brudnicki was doubtful the city would appeal Smoak’s decision.
“In my opinion, that would be a waste of time and money,” Brudnicki said.