Telcos Take Town to Court

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Three carriers, Verizon Wireless, T-Mobile, and AT&T, applied to build a cell tower on the Union County College Campus in Cranford, NJ. The request was dismissed, prompting the telecoms to band together in filing an appeal in federal court, reports TapIntoCranford. The appeal alleges that the Zoning Board overstepped its authority in issuing the denial and violated federal law.

The original proposal requested a 140-foot monopole to be shared by the carriers, who would attach and maintain their own antennas. The structure was designed to be less visually impactful with a pine tree disguise. Shooting down the cell tower plan, the Cranford Zoning Board determined that the applicant failed to provide evidence of a coverage gap or poor signal strength level. Additionally, the Board charged that the applicants did not prove that the new antennas would actually improve connectivity.  

In their filed complaint against the Zoning Board, the carriers cite numerous violations, starting with an abuse of 47 U.S.C. § 332(c)(7)(B)(i)(II), which makes it impossible for Verizon, T-Mobile and AT&T to provide telecommunications services in the Township of Cranford and the neighboring area. Other infractions point to possible capricious decision-making when issuing the denial, inadequate documentation, and violation of the public good in not approving the construction of a beneficial cell tower.

Cranford Mayor Kathleen Miller Prunty responded, “The Township Committee is committed to defending the Zoning Board’s decision and hired Riker Danzig because the firm will provide Cranford with a team of attorneys experienced with cases involving the FCC and matters in federal court.”  

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