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SUPREME COURT OF THE UNITED STATES
_________________
No. 13–975
_________________
T-MOBILE SOUTH, LLC, PETITIONER
v.CITY OF ROSWELL,
GEORGIA
on writ of certiorari to the united states court of appeals for
the eleventh circuit
[January 14, 2015]
Justice Sotomayor delivered the opinion of the Court.
The Telecommunications Act of 1996 provides, in relevant part,
that “[a]ny decision by a State or local government or
instrumentality thereof to deny a request to place, construct, or
modify personal wireless service facilities shall be in writing and
supported by substantial evidence contained in a written
record.”110Stat.151,47 U. S. C. §332(c)(7)(B)(iii). The
question presented is whether, and in what form, localities must
provide reasons when they deny telecommunication companies’
applications to construct cell phone towers. We hold that
localities must provide or make available their reasons, but that
those reasons need not appear in the written denial letter or
notice provided by the locality. Instead, the locality’s reasons
may appear in some other written record so long as the reasons are
sufficiently clear and are provided or made accessible to the
applicant essentially contemporaneously with the written denial
letter or notice.
I
In February 2010, petitioner T-Mobile South, LLC, applied to
build a new, 108-foot-tall cell phone tower on 2.8 acres of vacant
residential property in the city of Ros-well, Georgia (City).
Roswell’s city ordinances requirethat any cell phone tower proposed
for a residential zoning district must take the form of an
“alternative tower structure”—an artificial tree, clock tower,
steeple, or light pole—that, in the opinion of the city council
(City Council or Council), is “compatible with the natural setting
and surrounding structures” and that effectively camouflages the
tower. Code of Ordinances §§21.2.2, 21.2.5(a); see App. 68, 75. In
accordance with these provisions, petitioner’s application proposed
a structure in the shape of an artificial tree or “monopine.”
Id., at 42.
The City’s Planning and Zoning Division reviewed petitioner’s
application, along with a substantial number of letters and
petitions opposing it, and ultimately issued a memorandum to the
City Council concluding that the application met all of the
requirements set out in the City’s ordinances. It recommended that
the City Council approve the application on three conditions to
which petitioner was prepared to agree.
The City Council then held a 2-hour-long public hearing on April
12, 2010, to consider petitioner’s application. Petitioner arranged
privately to have the hearing transcribed, and, as discussed below,
the City subsequently issued detailed minutes summarizing the
proceedings. At the hearing, after the Planning and Zoning Division
presented its recommendation and after petitioner’s representatives
made a presentation in support of the application, a number of
residents raised concerns. Among these were concerns that the tower
would lack aesthetic compatibility, that the technology was
outdated and unnecessary, and that the tower would be too tall.
Petitioner’s representatives responded by reiterating that it had
met all of the ordinance’s requirements and by providing testimony
from a property appraiser that placement of cell phone towers does
not reduce property values.
Members of the City Council then commented on the application.
One member of the six-person Council was recused, see
id.,
at 111 (hearing transcript);
id., at 322 (meeting minutes),
leaving five voting members. Member Igleheart said that other
carriers had sufficient coverage in the area and that the City did
not need to level the playing field for petitioner.
Id., at
173–174 (hearing transcript). He also stated that his “[b]ottom
line” was that he did not think it was “appropriate for
residentially zoned properties to have the cell towers in their
location.”
Id., at 174 (hearing transcript);
id., at
338 (meeting minutes). Member Dippolito found it difficult to
believe that the tower would not negatively impact the area and
doubted that it would be compatible with the natural setting.
Id., at 175–176 (hearing transcript);
id., at 339
(meeting minutes). Member Wynn expressed concerns about the lack of
a backup generator for emergency services,
id., at 172
(hearing transcript), and did not think the tower would be
“compatible with this area,”
id., at 176 (hearing
transcript);
id., at 339 (meeting minutes). Member Orlans
said only that he was impressed with the information put together
by both sides.
Id., at 173 (hearing transcript);
id.,
at 337 (meeting minutes). Finally, Member Price, the liaison to the
Planning and Zoning Division, made a motion to deny the
application. She said that the tower would be aesthetically
incompatible with the natural setting, that it would be too tall,
and that its proximity to other homes would adversely affect the
neighbors and the resale value of their properties.
Id., at
176–177 (hearing transcript);
id., at 339–340 (meeting
minutes). The motion was seconded, and then passed unanimously.
Id., at 177 (hearing transcript);
id., at 340
(meeting minutes).
Two days later, on April 14, 2010, the Planning and Zoning
Division sent a letter to petitioner that said in its entirety:
“Please be advised the City of Roswell Mayor and City Council
denied the request from T-Mobile for a 108’ mono-pine alternative
tower structure during their April 12, 2010 hearing. The minutes
from the aforementioned hearing may be obtained from the city
clerk. Please contact Sue Creel or Betsy Branch at [phone
number].
“If you have any additional questions, please contact me at
[phone number].”
Id., at 278.
The detailed written minutes of the hearing, however, were not
approved and published by the City until 26 days later, on May 10,
2010. See
id., at 321–341 (meeting minutes).[
1]
On May 13, 2010, 3 days after the detailed minutes were
published—and now 29 days after the City denied petitioner’s
application—petitioner filed suit in Federal District Court. It
alleged that the denial of the application was not supported by
substantial evidence in the record, and would effectively prohibit
the provision of wireless service in violation of the
Telecommunications Act of1996 (Act). The parties filed
cross-motions for summary judgment.
The District Court granted petitioner’s motion for summary
judgment, concluding that the City had violated the Act when it
failed to issue a written decision that stated the reasons for
denying petitioner’s application. The District Court interpreted
the Act to require that a written denial letter or notice describe
the reasons for the denial and that those reasons be sufficiently
explained to allow a reviewing court to evaluate them against the
written record.
The Eleventh Circuit reversed. 731 F. 3d 1213 (2013). It
explained that, in
T-Mobile South, LLC v.
Milton, 728
F. 3d 1274 (2013), which was decided after the District
Court’s decision in this case, it had held that “to the extent that
the decision must contain grounds or reasons or explanations, it is
sufficient if those are contained in a different written document
or documents that the applicant is given or has access to.”
Id., at 1285. The Eleventh Circuit acknowledged that the
Courts of Appeals had split on that question, and that it had
departed from the majority rule. Compare
Southwestern Bell
Mobile Systems, Inc. v.
Todd, 244 F. 3d 51, 60 (CA1
2001) (requiring that a locality issue a written denial that itself
contains a “sufficient explanation of the reasons for the permit
denial to allow a reviewing court to evaluate the evidence in the
record supporting those reasons”);
New Par v.
Saginaw, 301 F. 3d 390, 395–396 (CA6 2002);
MetroPCS,
Inc. v.
City and County of San Francisco, 400 F. 3d 715,
723 (CA9 2005), with
AT&T Wireless PCS, Inc. v.
City
Council of Virginia Beach, 155 F. 3d 423, 429 (CA4 1998)
(holding that written minutes of a meeting and the word “denied”
stamped on a letter describing the application weresufficient).
Applying its rule to this case, the Eleventh Circuit found that the
requirements of47 U. S. C. §332(c)(7)(B)(iii) were
satisfied because petitioner had its own transcript as well as a
written letter stating that the application had been denied and
informing petitioner that it could obtain access to the minutes of
the hearing. 731 F. 3d, at 1221. It did not consider when the
City provided its written reasons to petitioner.
We granted certiorari, 572 U. S. ___ (2014), and now
reverse the judgment of the Eleventh Circuit.
II
A
The first question we answer is whether the statute requires
localities to provide reasons when they deny applications to build
cell phone towers. We answer that question in the affirmative.
Our conclusion follows from the provisions of the
Telecommunications Act. The Act generally preserves “the
traditional authority of state and local governments to regulate
the location, construction, and modification” of wireless
communications facilities like cell phone towers, but imposes
“specific limitations” on that authority.
Rancho Palos
Verdes v.
Abrams,544 U. S. 113,115 (2005); see
§332(c)(7)(B). One of those limitations is that any decision to
deny a request to build a tower “shall be in writing and supported
by substantial evidence contained in a written record.”
§332(c)(7)(B)(iii). Another is that parties adversely affected by a
locality’s decision may seek judicial review. §332(c)(7)(B)(v). In
order to determine whether a locality’s denial was supported by
substantial evidence, as Congress directed, courts must be able to
identify the reason or reasons why the locality denied the
application. See
Rancho Palos Verdes, 544 U. S., at 128
(Breyer, J., joined by O’Connor, Souter, and Ginsburg, JJ.,
concurring) (observing that the Act “requires local zoning boards
. . . [to] give reasons for [their] denials ‘in
writing’ ”).
The requirement that localities must provide reasons when they
deny applications is further underscored by two of the other
limitations on local authority set out in the Act. The Act provides
that localities “shall not unreason-ably discriminate among
providers of functionally equivalent services,” and may not
regulate the construction of personal wireless service facilities
“on the basis of the environmental effects of radio frequency
emissions to the extent that such facilities comply with the
[Federal Communications Commission’s] regulations concerning such
emissions.” §§332(c)(7)(B)(i)(I), (iv).[
2] Again,
it would be considerably more difficult for a reviewing court to
determine whether a locality had violated these substantive
provisions if the locality were not obligated to state its
reasons.
This conclusion is not just commonsensical, but flows directly
from Congress’ use of the term “substantial evidence.” The
statutory phrase “substantial evidence” is a “term of art” in
administrative law that describes how “an administrative record is
to be judged by a reviewing court.”
United States v.
Carlo Bianchi & Co.,373 U. S. 709,715 (1963). There is
no reason discernible from the text of the Act to think that
Congress meant to use the phrase in a different way. See
FAA
v.
Cooper, 566 U. S. ___, ___ (2012) (slip op., at 6)
(“[W]hen Congress employs a term of art, it presumably knows and
adopts the cluster of ideas that were attached to each borrowed
word in the body of learning from which it was taken” (internal
quotation marks omitted)). Indeed, for those who consider
legislative history relevant, the Conference Report accompanying
the Act confirmed as much when it noted that “[t]he phrase
‘substantial evidence contained in a written record’ is the
traditional standard used for review of agency actions.” H. R.
Conf. Rep. No. 104–458, p. 208 (1996).
By employing the term “substantial evidence,” Congress thus
invoked, among other things, our recognition that “the orderly
functioning of the process of [substantial-evidence] review
requires that the grounds upon which the administrative agency
acted be clearly disclosed,” and that “courts cannot exercise their
duty of [substantial-evidence] review unless they are advised of
the considerations underlying the action under review.”
SEC
v.
Chenery Corp.,318 U. S. 80,94 (1943); see also
Motor
Vehicle Mfrs. Assn. of United States,
Inc. v.
State
Farm Mut. Automobile Ins. Co.,463 U. S. 29,43 (1983)
(explaining that an agency must “articulate a satisfactory
explanation for its action” to enable substantial-evidence review);
Beaumont, S.
L.
& W.
R.
Co. v.
United States,282 U. S. 74,86 (1930)
(“Complete statements by the [agency] showing the grounds upon
which its determinations rest are quite as necessary as are
opinions of lower courts setting forth the reasons on which they
base their decisions . . .”).
In response, the City primarily argues that a reason-giving
obligation would deprive it of local zoning author-ity. But
Congress intended to place “specific limitations on the traditional
authority of state and local governments” regarding cell phone
tower siting applications.
Rancho Palos Verdes, 544 U. S.,
at 115. One of those “limitations,” §332(c)(7)(B), necessarily
implied by the Act’s “substantial evidence” requirement, is that
local zoning authorities state their reasons when they deny
applications.
In short, the statutory text and structure, and the concepts
that Congress imported into the statutory framework, all point
clearly toward the conclusion that localities must provide reasons
when they deny cell phone tower siting applications. We stress,
however, that these reasons need not be elaborate or even
sophisticated, but rather, as discussed below, simply clear enough
to enable judicial review.
B
The second question we answer is whether these reasons must
appear in the same writing that conveys the locality’s denial of an
application. We answer that question in the negative.
Like our conclusion that localities must provide reasons, our
conclusion that the reasons need not appear in a de-nial letter
follows from the statutory text. Other than providing that a
locality’s reasons must be given in writing, nothing in that text
imposes any requirement that the reasons be given in any particular
form.
The Act’s saving clause makes clear that, other than the
enumerated limitations imposed on local governments by the statute
itself, “nothing in this chapter shall limit or affect the
authority of a State or local government or instrumentality thereof
over decisions regarding the placement, construction, and
modification of personal wireless service facilities.”
§332(c)(7)(A). Given this language, and the system of “cooperative
federalism” on which the Act is premised,
Rancho Palos
Verdes, 544 U. S., at 128 (Breyer, J., concurring), we
understand the enumerated limitations to set out an exclusive list.
So while the text and structure of the Act render it inescapable
that localities must provide reasons in writing when they deny
applications, we can locate in the Act no command—either explicit
or implicit—that localities must provide those reasons in a
specific document.
We therefore conclude that Congress imposed no specific
requirement on that front, but instead permitted localities to
comply with their obligation to give written reasons so long as the
locality’s reasons are stated clearly enough to enable judicial
review. Although the statute does not require a locality to provide
its written reasons in any particular format, and although a
locality may rely on detailed meeting minutes as it did here, we
agree with the Solicitor General that “the local government may be
better served by including a separate statement containing its
reasons.” Brief for United States as
Amicus Curiae 26; see
also
id., at 34. If the locality writes a short statement
providing its reasons, the locality can likely avoid prolonging the
litigation—and adding expense to the taxpayers, the companies, and
the legal system—while the parties argue about exactly what the
sometimes voluminous record means. Moreover, in that circumstance,
the locality need not worry that, upon review of the record, a
court will either find that it could not ascertain the locality’s
reasons or mistakenly ascribe to the locality a rationale that was
not in fact the reason for the locality’s denial.
We hasten to add that a locality cannot stymie or burden the
judicial review contemplated by the statute by delaying the release
of its reasons for a substantial time after it conveys its written
denial. The statute provides that an entity adversely affected by a
locality’s decision may seek judicial review within 30 days of the
decision. §332(c)(7)(B)(v). Because an entity may not be able to
make a considered decision whether to seek judicial review without
knowing the reasons for the denial of its application, and because
a court cannot review the denial without knowing the locality’s
reasons, the locality must provide or make available its written
reasons at essentially the same time as it communicates its
denial.[
3]
This rule ought not to unduly burden localities given the range
of ways in which localities can provide their reasons. Moreover,
the denial itself needs only to be issued (or the application
otherwise acted upon) “within a reasonable period of time.”
§332(c)(7)(B)(ii). In an interpretation we have recently upheld,
see
Arlington v.
FCC, 569 U. S. ___ (2013), the
Federal Communications Commission (FCC) has generally interpreted
this provision to allow localities 90 days to act on applications
to place new antennas on existing towers and 150 days to act on
other siting applications.
In re Petition for Declaratory Ruling
to Clarify Provisions of Section 332(c)(7)(b), 24 FCC Rcd.
13994, 13995, ¶4 (2009). If a locality is not in a position to
provide its reasons promptly, the locality can delay the issuance
of its denial within this 90- or 150-day window, and instead
release it along with its reasons once those reasons are ready to
be provided. Only once the denial is issued would the 30-day
commencement-of-suit clock begin.[
4]
III
Petitioner offers four reasons why, in its view, our analysis in
Part II–B is incorrect. Petitioner argues that the statute requires
that a locality’s reasons appear in the writing conveying the
denial itself, but none of petitioner’s reasons are persuasive.
First, petitioner argues that the word “decision” in the
statute—the thing that must be “in writing”—connotes a written
document that itself provides all the reasons for a given judgment.
See Brief for Petitioner 24 (quoting Black’s Law Dictionary 407
(6th ed. 1990) (a “decision” is a written document providing
“ ‘the reasons given for [a] judgment’ ”)). But even
petitioner concedes, with its preferred dictionary in hand, that
the word “decision” can also mean “something short of a statement
of reasons explaining a determination.” Brief for Petitioner 24
(citing Black’s Law Dictionary, at 407).[
5]
Second, petitioner claims that other provisions in the Act use
the word “notify” when the Act means to impose only a requirement
that a judgment be communicated.[
6] Because the
provision at issue here does not use the word “notify,” petitioner
argues, it must contemplate something more than a judgment. This
does not logically follow. For one thing, the statute at issue here
does not use any verb at all to describe the conveying of
information from a locality to an applicant; it just says that a
denial “shall be in writing and supported by substantial evidence
contained in a written record.” §332(c)(7)(B)(iii). But more to the
point, “notify” is a verb the use—or nonuse—of which does not
reveal what the thing to be notified of or about is.
Third, petitioner contends that the “substantial evidence”
requirement itself demands that localities identify their reasons
in their written denials. See Brief for Petitioner 23. Certainly,
as discussed above, the phrase “substantial evidence” requires
localities to give reasons, but it says nothing on its own about
the document in which those reasons must be stated or presented to
a reviewing court.
Finally, petitioner invokes the statutory requirement that any
adversely affected person shall have their challenge heard by a
court “on an expedited basis.” §332(c)(7)(B)(v). See Brief for
Petitioner 14–15, 28. As long as the reasons are provided in a
written record, however, and as long as they are provided in such a
manner that is clear enough and prompt enough to enable judicial
review, there is no reason to require that those reasons be
provided in the written denial itself.
We acknowledge that petitioner, along with those Courts of
Appeals that have required a locality’s reasons to appear in its
written denial itself, have offered plausible bases for a rule that
would require as much. See,
e.g., Todd, 244
F. 3d, at 60 (“A written record can create difficulties in
determining the rationale behind a board’s decision
. . .”). Congress could adopt such a rule if it were so
inclined, but it did not do so in this statute. It is not our place
to legislate another approach.
IV
Thus, we hold that the Act requires localities to provide
reasons when they deny cell phone tower siting applications, but
that the Act does not require localities to provide those reasons
in written denial letters or notices themselves. A locality may
satisfy its statutory obligations if it states its reasons with
sufficient clarity in some other written record issued essentially
contemporaneously with the denial. In this case, the City provided
its reasons in writing and did so in the acceptable form of
detailed minutes of the City Council meeting. The City, however,
did not provide its written reasons essentially contemporaneously
with its written denial. Instead, the City issued those detailed
minutes 26 days after the date of the written denial and just 4
days before petitioner’s time to seek judicial review would have
expired.[
7] The City therefore did not comply
with its statutory obligations. We do not consider questions
regarding the applicability of principles of harmless error or
questions of remedy, and leave those for the Eleventh Circuit to
address on remand.
* * *
For the foregoing reasons, we reverse the judgment below and
remand the case for further proceedings consistent with this
opinion.
It is so ordered.
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