The City of North Hempstead has moved to dismiss a lawsuit from ExteNet Programs.
The wi-fi infrastructure supplier, which had been contracted by Verizon Wi-fi to construct nodes throughout the North Shore, alleged within the swimsuit, filed within the U.S. District Court docket for the Japanese District of New York in January, that the city’s council did not act on the corporate’s functions inside a “cheap” time-frame when the city didn’t act on its 16 functions for cell nodes in unincorporated areas of Port Washington.
Beneath Federal Communications Fee guidelines, municipalities can solely cite aesthetics and node places as legitimate causes to reject functions, with other factors like health reasons not allowed for consideration. The foundations haven’t stopped residents on the North Shore from citing their considerations over well being because of the nodes at public conferences and boards.
Albany-based regulation agency Whiteman, Osterman & Hanna LLP, representing the city, disputed the declare, saying that underneath city code, which was amended in March 2019, an applicant will need to have a right-of-way use settlement with the city earlier than it might probably apply for permits for antennae or particular building.
Lawyer Christopher M. McDonald, wrote in courtroom paperwork dated Might eight that legal guidelines “clearly reserved a municipality’s energy to handle entry” to its proper of approach.
“ExteNet has chosen to harp on a number of info which, taken out of context, try and recommend some nefarious plot on behalf the City to dam or delay ExteNet’s utility,” McDonald wrote. “In reality, the City has been greater than affected person with ExteNet’s full disregard for the City’s procedures and authorized obligations.”
ExteNet’s papers name the city code “prohibitory” on the idea that “it mandates an unreasonably lengthy utility course of, comprises discriminatory aesthetic necessities, and has technical necessities, which successfully ban sure applied sciences.”
City Supervisor Judi Bosworth mentioned the functions’ impact on villages, however not the city’s lawsuit, in her State of the City tackle in January. She didn’t point out ExteNet by title.
“Now we have heard from many residents who’re alarmed on the aggressive techniques of the businesses who need to set up upgraded 5G mobile phone transmission gear in residential areas,” Bosworth stated. “There are numerous issues that must be considered and we really feel that the wi-fi trade and the FCC try to drown our voices out. As a substitute of listening and attempting to deal with the considerations of the communities, they appear decided to sue their approach into our backyards whether or not we prefer it or not. We shouldn’t need to endure that type of bullying and we should always have some say in the place these installations can and can’t be positioned.”
The city has stated that it could not focus on the continuing litigation. A public listening to on the node functions was to happen on the board’s March 19 assembly however was canceled as a result of considerations over the coronavirus.
ExteNet has additionally sued the villages of Lake Success, Flower Hill, Plandome and Plandome Manor up to now two years after every village didn’t approve their requests to construct cell nodes. Authorized proceedings are ongoing in all 4 villages.
— to theislandnow.com