Crown
Castle sought an injunction against the town of Hempstead, NY in
federal court after Hempstead cancelled its license agreement and
demanded the company remove all 152 small cell nodes within the town’s
right-of-way (ROW.)
Crown alleges Hempstead threatened to remove the equipment itself if
Crown did not, by the end of the day, on July 6, at Crown’s cost. “With
this illegal termination, demand, and threat,” the town breached the ROW
license agreement and “violated Sections 253 and 332 of the
Communications Act of 1934, as amended, by the Telecommunications Act of
1996, which limits the power of municipalities to regulate the
deployment of telecommunications facilities and personal wireless
service facilities,” writes Crown in its complaint to the U.S. District
Court for the Eastern District of New York.
Crown Castle also seeks a temporary restraining order to stop the town
from removing the facilities from the ROW. Given the short time-frame,
Crown sought an expedited review. Crown filed the document June 28. The
court gave Hempstead until July 17, to explain why the town should not
be prevented from removing Crown’s equipment. Continue Reading
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