Not Allowed: Breach of Contract Results In Lawsuit Against Sprint, T-Mobile

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On June 1, Ninety Sixty LLC filed a lawsuit against Sprint Spectrum Realty, Company, L.P., and T-Mobile USA Inc., for breach of contract, reported Law Street. In the suit, Ninety Sixty alleges that Sprint installed tower equipment without permission.

According to Law Street, the history of the issue goes back eight years. Sprint allegedly mounted and disguised equipment in a residential townhouse immediately adjacent to one owned by Ninety Sixty. When the owner of Ninety Sixty, Gerald Kerner, moved into the property in 2012, he noticed that the “antennas were painted to look like the brickwork and thus were camouflaged.” 

Due to health concerns, Kerner hired a telecom firm to measure the tower’s RF emissions. The firm, V-Comm LLC, allegedly found that Sprint’s antennas “show[ed] a predicted maximum [radiation] level of 1312 percent of the FCC standard, and [were] thereby non-compliant with FCC Rules and Regulations,” reported Law Street.           

When V-Comm then notified Sprint of the findings, the antenna was removed, with the carrier promising “to reimburse Ninety Sixty for the professional fees it paid to the Engineering Firm.” Sprint also agreed not to place any more equipment near Kerner’s property.

Fast-forward to April 2019, when Kerner noticed that Sprint was placing 5G equipment on the same neighboring rooftop. According to Kerner, Sprint’s upper management was not aware of the 2012 agreement with Ninety Sixty, and subsequently, a letter to Sprint’s General Council did not receive a reply.

In the suit filed this month, Ninety Sixty alleges that Sprint caused physical damages over $75,000 due to its unauthorized use of the property. Ninety Sixty also demands that all tower equipment be removed from the property, reported Law Street.

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