Settlement Enables Verizon Cell Tower in Mass. Town to Proceed

Verizon and the town of Acushnet, Massachusetts, asked U.S. District Judge Rya Zobel in Boston to enter their agreement for judgment settling their cell tower dispute, said their joint motion Monday (docket 1:22-cv-11789). Verizon sued Acushnet Oct. 20, alleging the town violated the Telecommunication Act’s Section 332 requirement 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 (see 2210200041). The settlement says Acushnet will vacate its Sept. 20 denial of Verizon’s application and grant the carrier a special permit authorizing construction of a 150-foot-tall monopole cell tower, said the motion. The court will retain jurisdiction to ensure compliance with the judgment but will otherwise dismiss Verizon’s claims with prejudice, with each side to bear its own court costs, said the proposed order.