Telecommunications Company’s Damages Claim Dismissed, Preemption Claim Revived

Mealey's (January 23, 2019, 9:47 AM EST) -- DENVER — While dismissal of a telecommunications company’s damages claim under 47 U.S. Code Section 253 was affirmed, the 10th Circuit U.S. Court of Appeals on Jan. 14 reversed dismissal of a preemption claim for equitable relief and remanded for the company to amend its complaint over allegations that the city of Santa Fe delayed an application for a public right of way (CNSP Inc. v. Santa Fe, No. 18-2041, 10th Cir., 2019 U.S. App. LEXIS 1146)....