Mass. Town Violates Section 332’s Substantial-Evidence Rule: Verizon

The Telecommunication Act’s Section 332 requires that any local government decision to deny a request to deploy personal wireless services facilities be in writing and “supported by substantial evidence in a written record,” said a Verizon infrastructure complaint Thursday against Acushnet, Massachusetts, and its zoning board of appeals. But when the board recently denied a Verizon application for a special permit to build and operate a proposed wireless facility, it didn’t put its denial reasons in a written decision, “and it has not made available a written record disclosing its reasons for the denial,” said Verizon. Section 332 “also forbids local governments from effectively prohibiting the provision of personal wireless services,” but the board’s denial of Verizon’s application “has just that effect” because it prevents Verizon “from filling an existing gap in coverage in Acushnet,” it said. Verizon is “entitled to an order” compelling the board to grant the “requested special permit,” it said. Acushnet town officials didn’t comment.