NextG Networks of NY Sues Town of Greenburgh, New York

The Greenburgh Town Board rejected NextG Networks of NY’s application to install a distributed antenna system in the area in order to boost service. NextG Networks of NY Inc. is a subsidiary of Crown Castle International Corporation. However, the town of Greenburgh is now appealing a court order that says they must issue permits to install 20 cell phone antennas on utility poles in residential neighborhoods.

NextG filed their application in the beginning of 2009 and didn’t receive a final decision until July 2012. Mark Lungariello of Westfair Online reported that, “U.S. District Judge Cathy Seibel, in a July 3 ruling, said the town’s reasoning for rejecting the applications was based partially on a misinterpretation of the law. Seibel also said she ordered the permits issued rather than send the matter back to the town based on its snail’s pace in handling the application process.”

There were 252 days from the start of the process to the formal rejection, which is well beyond the reasonable time frame. The town of Greenburgh requires that a company prove that installation of antennas will improve service for an area of the town and they must show that service can’t be achieved by putting the antennas in a nonresidential area. Despite the fact that the town decided the control boxes would be too large, the judge cited the town’s own engineering report, which stated the boxes were no more intrusive than the already existing hardware of telephone, cable and other utility companies. (Source: Westfair Online)