SAN JOSE – A mobile service provider is suing a city and is seeking declaratory and injuntive relief for the approval of the construction of an antenna for wireless coverage.

GTE Mobilnet of California Limited Partnership, doing business as Verizon Wireless, filed a complaint on May 9 in the U.S. District Court for the Northern District of California, San Jose Division against the city of Capitola alleging that the city's Wireless Communication Facilities Ordinance violates the federal Communications Act.

According to the complaint, the plaintiff alleges that the defendant's ordinance hinders it from further expanding its facilities in the city because of restrictions as to where wireless facilities can be placed. The plaintiff alleges that defendant has denied its request to place an antenna on the top of a commercial building to improve coverage to its customers and offload demand from facilities nearby.

The plaintiff seeks injunctive relief granting it authorization or approval to construct its facilities as approved by the city's planning commission, expedited review, all legal fees and any other relief as this court deems just. It is represented by James A. Heard of Mackenzie & Albritton LLP in San Francisco.

U.S. District Court for the Northern District of California, San Jose Division Case number 5:16-cv-02495

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