Disputes between municipalities and wireless companies are commonplace in the industry. A subsidiary of Crown Castle—Crown Castle NG East LLC—is involved in its own conflict with a New York municipality, and recently filed suit against Hempstead, New York over the town’s delayed response and unreasonable requests for the approval of an application to install nodes in a public right-of-way, reports Law 360.
In January, Crown Castle filed an application with the town to install more nodes. The suit claims the company did not hear back from the town until March, which stated its application was incomplete due to an unspecified zoning permit needed when the application was filed. According to the suit, a consultant, hired by the town, made incorrect findings over the size of the nodes, claiming they would cause “significant visual impact to these neighborhoods.”
Crown Castle is claiming the town breached a previous contract it signed with the city in 2009 to install wireless nodes and violated the federal Communications Act, as well as the New York State’s Transportation Corporations Law. The company also claims the town violated the federal shot-clock deadline of 90 days, and its delayed response is a tacit denial of the application.
“The defendants’ presumptive unreasonable delay of the applications is tantamount to a denial,” the suit says. Crown Castle is asking for approval of its application and the awarding of damages for lost profits from the town’s delay of the application.
Crown Castle also recently brought suit against Rye, NY for refusing to grant right-of-way access to expand its antennas, Inside Towers reported. Counsel for both Crown and Hempstead were not immediately available, according to Law 360.
June 13, 2017
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