Verizon Sues Chilmark Over Cell Service Dispute

Verizon Wireless has initiated a federal lawsuit against the town of Chilmark, Massachusetts, following the town's rejection of its proposal to install 14 small cell antennas on privately-owned utility poles. The lawsuit, filed on March 16, challenges a decision made by the Chilmark Select Board in January, which unanimously denied Verizon's application. The conflict centers around persistent cell service issues affecting the town's approximately 1,200 residents, particularly in up-Island areas where coverage has been inadequate.

The IndependentVerizon Sues Martha’s Vineyard Town Over Denial of Small Cell Antennas

The ongoing cell service problems in Chilmark have been a concern for residents, especially as many households have transitioned away from landlines. The lack of reliable cell service has raised safety concerns, as residents find themselves without dependable means to make emergency calls. In response to these issues, town leaders have engaged in discussions with both Verizon and American Tower Company, which operates existing cell infrastructure in the area. While Verizon proposed a decentralized approach with small cell units, local officials preferred a centralized solution, advocating for a larger tower that could better serve the community.

The Independent

In its 20-page complaint, Verizon argues that the Chilmark Select Board overstepped its authority by rejecting the proposal without applying clear, site-specific standards. The company asserts that the town lacks formal regulations for reviewing applications for wireless equipment on utility poles, which it claims led to an inconsistent decision-making process. Verizon's lawsuit also alleges that the town has discriminated against it by allowing American Tower Company to maintain its equipment while denying Verizon similar opportunities.

The IndependentVerizon Sues Martha’s Vineyard Town Over Denial of Small Cell Antennas

Chilmark Town Administrator Tim Carroll confirmed that the town plans to respond to the lawsuit but refrained from providing further comments, noting that the Select Board had not convened since being served. The Select Board Chair, Marie Larsen, previously stated, “This may be Verizon’s best plan, but it’s not best for the town,” indicating the board's preference for a different approach to improving cell service.

Verizon Sues Martha’s Vineyard Town Over Denial of Small Cell Antennas

Critics of the Select Board's decision argue that the rejection of Verizon's proposal could exacerbate existing connectivity issues. Verizon's lawsuit highlights concerns that the town's actions may unfairly favor American Tower Company, potentially limiting competition and hindering efforts to enhance service for residents.

The Independent

Verizon is seeking a judicial ruling to overturn the Select Board's decision and allow the installation of the small cell units. The outcome of this lawsuit could significantly impact cell service availability in Chilmark and set a precedent for how local governments manage wireless infrastructure proposals.

The Independent

• “The Town has no regulations or written policies establishing standards for the Board’s review of applications to attach wireless equipment on utility poles in Town rights of way,” — Verizon Wireless

The Independent

• “The board did not purport to apply any standards in deliberating on and deciding the Application.” — Verizon Wireless

The Independent

• “This may be Verizon’s best plan, but it’s not best for the town,” — Marie Larsen, Chair of the Chilmark Select Board

The Independent