Judge Recommends Summary Judgment for Crown Castle for Town’s TCA Violations

U.S. Magistrate Judge James Wicks for Eastern New York in Central Islip recommends granting Crown Castle’s motion for summary judgment against Oyster Bay, New York, said his report Friday (docket 2:21-cv-06305). Crown Castle contends it’s entitled to summary judgment as a matter of law on its claims that Oyster unlawfully blocked its applications to install 23 small wireless facilities in public rights of way (see 2303130027). Viewing the facts in light most favorable to Oyster Bay, the magistrate judge finds that the town’s denial of Crown Castle’s applications wasn’t supported by substantial evidence on record, said his report. The denial also was an effective prohibition of wireless services under the Telecommunications Act, it said. Wicks also recommends the granting of summary judgment in Crown Castle’s favor for violations of the TCA’s sections 332 and 253 because the town’s application criteria and fees “had the effect of prohibiting the provision of services under the TCA,” said the report.