In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

Ill 1997). AirTouch alleges that the City’s denial will in effect prohibit it from providing personal wireless services because alternative sites leave “gaps” in its service or will be too costly to provide. a. Gap In Coverage AirTouch has presented evidence of a gap in coverage in its wireless services on the Fanita Drive-Highway 125 corridor from Navajo Drive to the Highway 52 Connector. (Tifft Decl. at ¶ 11.) Air-Touch argues that if a decision leaves “significant gaps” in wireless services, § 332(c)(7)(B)(i)(II) has been violated. The City argues that a mere gap is not sufficient; there must be a general ban for that provision to apply. AirTouch is supported by recent decisions of the Second and Third Circuit. See Sprint Spectrum, L.P. v. Willoth, 176 F.3d 630, 640-41 (2d Cir.1999) (<HOLDING>); Ho-Ho-Kus, 197 F.3d at 70 (3rd Cir.) (holding 
 Holding statements: (A) holding that  332c7biii applies only to blanket prohibitions and general bans or policies and not to individual zoning decisions (B) holding that determination of whether an official was acting on behalf of the state or the local government is determined by state law (C) holding that  332c7b iii does not apply only to general bans and stating that prohibiting only general bans would 1 require a court to wait for a series of denied applications and 2 lead to the untenable result that once personal wire services are available within the jurisdiction of a state or local government  the state or local government could deny any further applications with impunity (D) holding that state bans on samesex marriage are unconstitutional (E) holding that a district court cannot require a unit of state or local government to abide by a consent decree that does not serve any federal interest
(C)

abducting, or imprisoning another person against her or his will and without lawful authority, with intent to: 3. Inflict bodily harm upon or to terrorize the victim or another person. 2 . Faison v. State, 426 So.2d 963, 965-66 (Fla.1983). 3 . See Bedford v. State, 589 So.2d 245, 251 (Fla.1991), cert. denied, 503 U.S. 1009, 112 S.Ct. 1773, 118 L.Ed.2d 432 (1992); State v. Lumarque, 990 So.2d 1241, 1242 (Fla. 3d DCA 2008); Hernandez v. State, 913 So.2d 36 (Fla. 3d DCA 2005), rev. denied, 941 So.2d 368 (Fla.2006); Sutton v. State, 834 So.2d 332, 334-35 (Fla. 5th DCA 2003); Biggs v. State, 745 So.2d 1051, 1052 (Fla. 3d DCA 1999); Waddell v. State, 696 So.2d 1229 (Fla. 3d DCA 1997), rev. denied, 707 So.2d 1128 (Fla.1998); see also Chaeld v. State, 599 So.2d 1362, 1364 (Fla. 1st DCA 1992) (<HOLDING>), superseded by statute as recognized in Davis 
 Holding statements: (A) holding that when the legislature intends to punish separate acts even ones in close temporal proximity the blockburger test does not apply because the precondition for employing that test that the two offenses involve the same conduct is absent (B) holding that the right to control the means by which the work is accomplished is clearly the most significant test of the employment relationship and observing that many of the other factors enumerated in the restatement second are merely evidentiary indicia of the right to control (C) recognizing that other courts have found the type of test reliable but finding that this particular urinalysis test was unreliable since the lab did not perform a backup test or identify lab test results and state left questions about how probationers diabetes affected the results (D) holding that the faison test does not apply to false imprisonment and observing that the test has no application when the charge alleges that the defendant kidnapped the victim with any of the other specific intentions identified in  78701lal 3 or 4 (E) holding that a defendant charged with kidnapping with the intent to inflict bodily harm upon or terrorize the victim is not entitled to a faison instruction
(D)

be entitled to the same immunity enjoyed by the SEC when it is performing functions delegated to it under the SEC’s broad oversight authority”). Indeed, the doctrine of absolute immunity for SROs has been characterized as a matter of simple “fairness” in light of their “quasi-governmental powers.” DL Capital, 409 F.3d at 97-98 (internal quotation marks omitted). It is further beyond dispute that at least the sovereign immunity enjoyed in the first instance by government agencies themselves has been recognized as shielding them — absent waiver of the sort found in the Administrative Procedure Act (“APA”) — from enforcement of subpoenas duces tecum in civil suits to which the United States is not a party. See U.S. Envtl. Prot. Agency v. Gen. Elec. Co., 197 F.3d 592, 597-99 (2d Cir. 1999) (<HOLDING>), opinion amended in part on rehearing, 212 
 Holding statements: (A) recognizing that while the lack of an express statute granting sovereign immunity precludes such immunity as a matter of law the entity in question could still be determined to be acting as an agency of the state under the facts and circumstances of a particular relationship (B) holding that the waiver of sovereign immunity must be clear and unequivocal (C) holding that federal express despite the use of the word federal in its name is not a federal agency and therefore cannot be sued in this court (D) holding that waiver of sovereign immunity under federal tort claims act for intentional acts committed by federal law enforcement was not limited to investigative activities (E) recognizing that enforcement of thirdparty subpoena issued by civil defendant would compel federal agency to act and would therefore be barred by sovereign immunity but for the express waiver set forth in the apa

(E)