Government

Lavallette’s Battle With Verizon Over Towers Has Included ‘Brief’ Talks of Resolution: Court Filing

by
Daniel Nee
August 29, 2024

A small 5G wireless facility on top of an existing timber pole, Lavallette, N.J., May 2023. (Photo: Shorebeat)

Lavallette’s legal counsel is continuing to fend off a federal lawsuit brought against the borough by Verizon, which is suing over the borough’s disapproval of an expanding network of “small cell” nodes the company proposed throughout the town.

In what was long expected to become a protracted legal battle that will reach its one-year mark in early 2025, attorneys for both Verizon and Lavallette recently agreed to extend the amount of time granted by the court for the two parties to reach a settlement in the case, though talks thus far were described as “brief.”

In a filing before Federal District Judge Zahid N. Quraishi earlier this summer, attorneys for both parties jointly stated that they would “continue to confer regarding discovery, the status of the litigation, and potential resolution” through Nov. 8, 2024.

“The parties continue to engage in discovery and have had initial, albeit brief, discussions with respect to potential resolution,” the joint filing said. “The parties agree that an in-person settlement conference may facilitate resolution.”

The same document transmitted to Quraishi called for Lavallette’s borough administrator, John Bennett III, and Mayor Walter LaCicero or a designee, be present for the discussions. Both Bennett and LaCicero are attorneys. Any tentative agreement would be subject to approval by the borough council, the filing stated.

Verizon filed suit against the borough Dec. 13, 2023, the final day it was eligible to do so, alleging the borough violated the Telecommunications Act of 1996 when it turned down the wireless provider’s request to add an additional tranche of pole-mounted 4G and 5G antennas at various addresses town-wide. The so-called “small cell” nodes are located on top of existing utility poles, and in some cases Verizon had proposed installing new poles where equipment would be hung in order to close gaps in the network’s data and voice coverage due to the company’s woes over frequency spectrum.

A small 5G wireless facility on top of an existing timber pole, Lavallette, N.J., May 2023. (Photo: Shorebeat)

The council denied Verizon a permit to install the six new sites in November 2023. Arguing that Verizon was disproportionately flooding the town with antennas, installing heavy loads on utility poles that were prone to leaning, misleading residents and officials about their locations and providing little to no explanation as to why so many towers seemed to be required in Lavallette versus neighboring communities, members of the governing body could not muster a second when asked to vote on the applications.

A motion for denial of the permits carried the night, with only Council President Anita Zalom voting against the denial. Councilman David Finter abstained due to a conflict of interest since he worked for Verizon.

Verizon, which is also facing legal battles in Belmar – and potentially Point Pleasant Beach – over similar proposals, said through its attorney that Lavallette has not been “targeted” by the company for a higher-than-normal number of towers, as some have alleged.

“These installations are taking place all over the Jersey Shore,” attorney Edward Purcell said. “The need here is acute and without these nodes there is not going to be sufficient service during the summer months. It is imperative that Verizon be able to provide the services we need to provide.”

Verizon’s network, in particular, needs to be supplemented by local “small cell” networks near street-level since the carrier predominantly utilizes lower-frequency signals to carry its data. The lower frequencies are considered better for reliability and building penetration, but not optimal for ultra high-speed data offered by 5G connections. The small cell network would carry equipment used for both legacy 4G as well as modern 5G service.

Lavallette’s attorney, William R. Burns, said at a council meeting last week that he expects the next meeting with his adversary to take place in September. The meeting is expected to last an extended period of time as the two sides attempt to hash out a resolution that may be presented to the governing body for approval.