Verizon, one of the largest telecommunications companies in the nation, has sued Chilmark after the town denied upgrades by the cellular company that would have expanded cell coverage to its customers.
The federal lawsuit, filed by Verizon on March 16 in the U.S. District Court for the District of Massachusetts, asserted that town officials overstepped their authority in a January decision when the select board unanimously rejected Verizon’s proposal to install small cell wireless antennas on 14 utility poles to boost coverage for its up-Island customers.
The board cited concerns that the upgrades only benefited Verizon, and could create an unfair advantage for the company and its customers. Tim Carroll, Chilmark town administrator, previously told The Times another concern was that “duplication of equipment” by Verizon on the utility poles, where American Tower leases equipment space to cell carriers, could lead to financial inviability for other companies when existing leases start ending next year.
Tim Carroll, Chilmark town administrator, declined to comment and said the board will meet soon about the case.
Verizon seeks to overturn Chilmark’s “arbitrary and capricious” denial through the court system and be allowed to “install, operate, and maintain” its small cell equipment.
In the suit, Verizon alleged Chilmark didn’t support its denial with “substantial evidence,” and had not provided its reasoning in writing, which the company claimed violated the Telecommunications Act of 1996.
“The town has no regulations or written policies establishing any standards for the board’s review of proposed attachments to utility poles in town rights of way,” the suit reads. “The application and the other information Verizon presented to the board in support of the application demonstrate conclusively that none of the 14 small cells on existing utility poles will interfere with the use of the town right of way or create safety or other issues.”
Verizon also alleged the town unreasonably discriminated against the company “when it lacks a legitimate regulatory purpose or is intended to favor one technology or provider over another,” and effectively prohibited wireless service by blocking it from making the upgrades it needs.
Cellular connectivity is an enduring issue in Chilmark, with “dead zones” in various parts of town, which have been raised as a public safety risk. In Chilmark and Aquinnah, Verizon utilizes a distributed antenna system (DAS), in which strategically placed nodes to enhance signal strength for cell phones are installed on aging equipment owned by American Tower. Verizon shares this equipment space with AT&T and T-Mobile. Chilmark also currently bans cell towers for public use.
“This results in the degraded service that the town itself has repeatedly complained about and demanded that Verizon address — yet the DAS’ structural limitations make meaningful improvement in service impossible,” Verizon’s suit reads.
The Chilmark Select Board’s denial of Verizon’s plan to improve cell service deserves careful attention. Our town has demonstrably poor coverage, including in situations that raise real safety concerns. This issue has come before the Board repeatedly over multiple meetings, with residents consistently asking for a solution.
When Verizon stepped forward this winter with a proposal, however, the Select Board refused Verizon’s proposal largely out of concern that it might benefit Verizon more than other carriers. But it isn’t Chilmark’s job to regulate competition among wireless providers. Federal law governs here, and it generally requires that towns not discriminate among carriers, which is precisely the issue now being raised in Verizon’s federal lawsuit.
This Select Board decision has unfortunate consequences. We will continue to live with inadequate service, and taxpayers will bear the cost of litigation it is likely to lose. One hopes the Select Board will take a fresh look at whether a more constructive—and legally defensible—path forward is still possible.
For what it’s worth, I am not a Verizon customer.
it is long past the time to have an actual cell tower with emergency backup power in the town. The DAS system does not by design have any backup power beyond a few minutes. We really need communications during a disaster. Cell phone are no longer a backup phone and for most people are their only phone/communications. Chilmark Selectpersons need to get with the times and save lives too.
God bless Verizon for being more concerned about the safety of Island residents than shameless public officials. No kings lives on in Chilmark , go get them kids
Any lawsuit from a Chilmark resident unable to reach emergency services due to poor cell coverage will likely be far more costly to defend.
Stop this nonsense and allow Verizon to proceed. ANY upgrade from ANY provider should result in a no-discussion approval.
how about start advocating for community owned fiber optic broadband ISP Network Connectivity