WILLIAMSPORT – Verizon is pursuing legal action against a municipal zoning board in North Central Pennsylvania, for allegedly violating federal law in denying it the opportunity to build a cell phone communications tower.
Cellco Partnership (doing business as “Verizon Wireless”) of Basking Ridge, N.J. filed suit in the U.S. District Court for the Middle District of Pennsylvania on Dec. 28 versus the White Deer Township Zoning Hearing Board, of New Columbia.
Verizon asserts it was given authorization by the Federal Communications Commission to operate a wireless communications system in Union Township and that in the White Deer Township area, there is currently a lack of strong signal strength and cellular service.
It says that its engineers have determined that a 195 foot-tall monopole would be necessary to improve signal strength in the area.
“Accordingly, in order to better serve the residents of White Deer Township and the general public, the plaintiff proposed to construct a new wireless communications facility on a 65’ x 40’ parcel of land owned by Willard E. Simpler III and Nancy S. Messimer, located at 9880 White Deer Pike, New Columbia, Pennsylvania 17856,” the suit states.
“On Aug. 18, 2020, and in accordance with the procedures prescribed by the Pennsylvania Municipalities Planning Code and the Zoning Ordinance of White Deer Township, Union County, the plaintiff submitted an application to the defendant for dimensional variances in connection with its request to construct a communications facility on the premises.”
Verizon added it presented substantial testimony and evidence at a public hearing in support of its request on Oct. 14, 2020. At the conclusion of the hearing, the Board orally denied the plaintiff’s application.
In its decision, the Board cited a 2000 moratorium issued by Pennsylvania’s Department of Conservation of Natural Resources which prohibits construction of cell phone towers on state forest land. Such land surrounds the privately-owned lot upon which Verizon desired to build its tower.
“Thereafter, on Nov. 27, 2020, the Board issued its written decision memorializing its denial of the application. The denial of the application by the Board is in violation of the plaintiff’s rights under the Telecommunications Act of 1996,” per the suit.
“The Board’s denial of the application acts as a prohibition of wireless service in violation of the Telecommunications Act of 1996. In addition, the Board’s findings and conclusions are not supported by substantial evidence and otherwise are in error as a matter of law. As a result of the defendant’s actions, the plaintiff has been damaged irreparably and does not have an adequate remedy at law.”
For counts of violating the Telecommunications Act of 1996, the plaintiff is seeking a review of the record of the application and the hearing of the Board on Oct. 14, a finding that the Board was in violation of the Telecommunications Act of 1996 by concluding that the decision is not supported by substantial evidence, reversing the decision of the Board by granting the application to construct a communications facility on the property, costs, expenses and legal fees, plus other relief as the Court, in its sound discretion, deems necessary and appropriate.
The plaintiff is represented by Kevin M. Walsh Jr. and Richard M. Williams of Hourigan Kluger & Quinn, in Kingston.
The defendant has not yet secured legal counsel.
U.S. District Court for the Middle District of Pennsylvania case 4:20-cv-02438
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com