Verizon Urges Dismissal of N.J. County’s Counterclaim as ‘Frivolous’

Verizon was guilty of “no wrongful conduct,” which was “the proximate cause of the damages complained of” in the Oct. 18 counterclaim of Monmouth County, New Jersey (see 2310190027), said Verizon’s answer Wednesday to that counterclaim (docket 3:23-cv-18091) in U.S. District Court for New Jersey in Trenton. Verizon alleges the county’s denial of an application to install nine small wireless facilities (SWFs) in the public rights of way wasn’t supported by substantial evidence in the written record, as the Telecommunications Act requires, and that the denial also constituted a material inhibition of service, in violation of the TCA’s sections 332 and 253. The counterclaim asserted that the county is entitled to a judgment that Verizon’s submission to the county engineer wasn’t a proper application “for purposes of the TCA.” It’s also entitled to a judgment that the county’s standing ROW agreement with Verizon doesn’t cover SWFs “that are to be installed on newly constructed poles,” said the counterclaim. But the counterclaim’s contentions “are without factual or legal basis and are frivolous,” said Verizon’s answer. The carrier demands judgment against the county dismissing its counterclaim with prejudice, plus interest, court costs, attorneys’ fees “and such other relief as the court deems just and equitable,” it said.