Verizon Sues Ind. City to Reverse Its Denial of Wireless Facility Application

Verizon seeks expedited judicial review of violations by Elkhart, Indiana, of Verizon’s federal rights under the Telecommunications Act for the city’s unlawful denial of its application to build a wireless telecom facility to remedy a “deficiency” in its cellular network that causes dropped calls, including emergency calls made to 911, said Verizon’s complaint Monday (docket 3:23-cv-00913) in U.S. District Court for Northern Indiana in South Bend. If the city doesn’t allow Verizon to build the proposed communications facility at the requested location, it won’t be able “to carry out its responsibilities under its FCC license or effectively compete in the local telecommunications market” in Elkhart, said the complaint. Impairment of Verizon’s telecom network stemming from the city’s denial “may cause irreparable harm” in the city, as a result of carrier’s “inability to service the needs of its customers and the community,” it said. The denial “effectively prohibits Verizon from providing wireless services to customers in and around the surrounding area,” in violation of the TCA, it said. It seeks an order prohibiting the city from further denying its application.