Deer District Seeks to Intervene in Verizon’s Small Cells Fight vs. Milwaukee

Milwaukee’s Deer District seeks to intervene in Verizon’s lawsuit to force the city to approve its small-cells installations in time for July’s Republican National Convention “to preserve its private property right and leasehold interest in the Deer District Public Plaza,” said its brief Monday (docket 2:23-cv-01581) in U.S. District Court for Eastern Wisconsin in support of its motion to intervene. Verizon contends the small-cell installations are generally needed in the public plaza outside the Fiserv Forum to remedy existing coverage gaps but are “especially” needed to prepare for the crowds at the GOP convention (see 2311270034). But Milwaukee contends Verizon is trying to force it to allow the installation of small cells and poles on property that the city leases to the Deer District and doesn’t control (see 2312270003). Verizon seeks to “impair” the Deer District’s property rights by unlawfully applying laws that govern telecommunication providers’ rights with respect to public property, said the Deer District's brief. But the plaza is “encumbered” by the lease, “and as such, the leasehold is not public property,” it said. The court “must and should” allow the Deer District to intervene “to give it the opportunity to halt Verizon’s unlawful attempts to erode the Deer District’s rights,” it said.