Although T-Mobile (NASDAQ: TMUS) and New Jersey’s Wanaque borough have had an agreement in place since 2009, the current borough council has found reasons to keep a cell tower project grounded. Tired of the delays, T-Mobile has chosen to take the matter to court. As The Register reports, T-Mobile has asked the legal system to agree that “for the children” is not a valid reason for Wanaque to deny the cell tower application.
Explaining his vote against T-Mobile, one board member was quoted as saying, “My answer is no, I don’t think it’s a good idea. I worry about the kids.” He went on to stir up phantom health fears about cell towers. The FCC continues to assert that cell towers pose no risks to humans and the underserved areas should benefit from improvements in digital connectivity.
T-Mobile has said that the need for better coverage was identified years ago when it won a 25-year lease from Wanaque back in 2009. Plans to erect a cell tower near a local high school’s athletic fields were put on hold in 2010, notes The Register, because of financial issues present at that time. Meanwhile, T-Mobile has continued to pay the lease, it says, and in 2023, paid an additional $2,600 in fees to allow the project to finally move forward.
After the filing was received, the Wanaque borough council has called for votes, experts, and differing opinions to justify disallowing the T-Mobile project to continue. Many of the arguments against the cell tower hinged on health concerns, which the Telecommunication Act of 1996 expressly notes cannot be a reason to deny a cell tower application when a coverage need exists. Undeterred, the borough council has continued to vote against T-Mobile.
Unable to reach an understanding with Wanaque, T-Mobile has filed five counts against the planning board. T-Mobile has asked Wanaque to withdraw its rejection of the application and issue an immediate approval. It has also requested that Wanaque pay damages and legal fees. In an attempt to put a lid on the whole situation and move forward with the cell tower plans, T-Mobile included a request for permanent injunctive relief to prohibit the town from “taking any further action” to block the cell tower project.
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