Contrary to the Telecommunications Act of 1996, the New York Court of Appeals in the Matter of Crown Communication New York, Inc. v. Department of Transportation of the State of New York, City of New Rochelle et al., held that, both private companies who contract with local governments to build towers on public land, and the private companies who build attached antennae to these towers, are immune from local zoning regulations. The court’s decision is due to the public nature and importance of the mass communication these structures will provide. Of particular importance, was public good to be served by the Statewide Wireless Network, which increased the state’s emergency communication capabilities, and how emergency communications abilities will flourish if tower construction remains unfettered by local regulations
John R. Nolon & Jessica A. Bacher, Zoning Exemptions: Granting Immunity to Private Wireless Providers, N.Y. L.J., Apr. 20, 2005, at 5, http://digitalcommons.pace.edu/lawfaculty/685/.