CNSP filed an amendment of its articles of incorporation with the New Mexico secretary of state changing its corporate name to NMSurf, said its notice Tuesday (docket 22-2131) in the 10th Circuit U.S. Court of Appeals. NMSurf has long been the company’s “d/b/a” designation, said the notice: “It is the same company with a different name.” The wireless ISP is appealing the U.S. District Court for New Mexico order upholding a local telecom law requiring a revenue-based fee in Santa Fe (see 2211230073).

Chief U.S. District Judge Elizabeth Wolford for Western New York in Rochester signed an order Wednesday (docket 6:19-cv-06583) scheduling a March 31 pretrial conference in the consolidation of three infrastructure lawsuits against the city of Rochester (see 2212200065). Common to the three complaints brought by Crown Castle, ExteNet and Verizon are their allegations that Rochester’s wireless deployment fees significantly exceed a reasonable approximation of the city’s actual costs of maintaining the rights-of-way used or occupied by telecommunications service providers, in violation of Section 253 of the Telecommunications Act. The bench trial to begin on June 1 is “a day-certain trial that will not be adjourned except for the trial of criminal cases which take precedence,” said Wolford’s order. The trial will continue June 2, “and on additional dates as necessary to be scheduled.” Lawyers for the various parties told Wolford during a status conference Tuesday they estimate the trial will take three to four days.

Crown Castle is “unlawfully holding” onto premises “with force” that it leased for a cell tower in Eugene, Oregon, despite the lease’s expiration, alleged landlord Ryan Goshen Properties (RGP) in an eviction complaint (docket 22LT18280) Wednesday in Oregon Circuit Court for Lane County. The complaint cites notices of expiration dated February and April 2021, referencing a February 1998 lease agreement between a prior lessor, Paul Wilkins, and the original lessee US West, to which Crown Castle is the successor in interest. RGP will consider entering into a new lease with Crown Castle under conditions that include a one-time five-year term through March 2027, with no renewal option, said the complaint. Crown Castle didn’t comment Thursday.

The 10th Circuit U.S. Court of Appeals granted CNSP a one-week deadline extension to Jan. 17 to file an opening appellant's brief in its infrastructure dispute with Santa Fe, said a text-only entry Tuesday (docket 22-2131). The wireless ISP is appealing the U.S. District Court for New Mexico order upholding a local telecom law requiring a revenue-based fee in Santa Fe (see 2211230073). CNSP counsel Richard Glassman’s motion said he needs the extension to make up for the time he spent recovering from COVID-19, for which he tested positive on Dec. 9. The motion for an extension, CNSP’s second this month (see 2212020009), was unopposed, said Glassman.

Employees of Horizon Underground cut and damaged ExteNet’s underground cable and facilities while excavating, boring and trenching “without ExteNet’s consent,” alleged the plaintiff in a Friday complaint charging Horizon with trespassing and negligence (docket DC-22-17265) in the 101st District Texas Court in Dallas County. Horizon failed to “properly train, instruct and supervise” its employees not to operate motorized equipment without determining the exact location of the plaintiff’s facilities “by safe and accepted means,” said the complaint. ExteNet seeks damages of $34,454, pre- and post-judgment interest, court costs and further relief. A Monday notation showed a dismissal for want of prosecution on the docket with a hearing date set for Feb. 10. ExteNet didn’t comment Tuesday.

Chief U.S. Magistrate Judge Beth Gesner for Maryland signed a letter order Friday (docket 1:22-cv-02497) rescheduling a Feb. 7 settlement conference to March 12 in Crown Castle’s infrastructure complaint against contractor Black Electric. Her previous requirement still stands that the parties are to exchange a settlement demand and offer before the conference, and she set a new Feb. 27 deadline for the submission of ex parte letters summarizing the status of the case, including the history of settlement talks (see 2212120012). Crown Castle alleges Black Electric’s workers damaged a conduit holding telecommunications fiber that Crown Castle installed along Maryland's Hatem Bridge spanning the Susquehanna River, but Black Electric denies culpability and seeks to dismiss the complaint.

The 9th Circuit U.S. Court of Appeals scheduled a Jan. 5 dial-in mediation conference in AT&T’s appeal of a district court’s Aug. 22 dismissal of its lawsuit against Los Altos, California (see [Ref:2210070046[), said a clerk’s order Friday (docket 22-16432). It’s at least the sixth mediation conference scheduled since AT&T’s appeal was docketed Sept. 20. The city rejected AT&T’s application to install small-cell wireless facilities under a 2019 local law. The district court ruled AT&T's subsequent lawsuit was moot because the city replaced the 2019 law this year. AT&T's opening brief is due Thursday, with Los Altos' answer due Jan. 23.

Defendants T-Mobile and its affiliate MetroPCS removed to U.S. District Court for New Jersey in Newark Friday a breach of contract lawsuit (docket 2:22-cv-07332) from New Jersey Superior Court over a site lease agreement involving wireless communication facilities. Plaintiff property owner Vala claims the defendants failed to pay rent for time periods set forth in a contract, plus past due rent, and refused to remove all of their facilities within 90 days of the termination date of the contract. The plaintiff alleges it was “deprived of its ability to rent” the premises previously occupied by MetroPCS and accused the defendants of trespassing and “unjust enrichment.” The plaintiff is seeking compensatory damages for unpaid rent and fees, damages to remove equipment, additional damages and reasonable attorneys’ fees.

The 9th U.S. Circuit Court of Appeals granted an FCC motion to extend abeyance on a lawsuit by the League of California Cities challenging the FCC’s June 2020 wireless infrastructure declaratory ruling. Proceedings are stayed until Jan. 30, the court ruled Thursday in case 20-72749. The FCC sought more time to get to five commissioners (see 2211150069). The court has approved multiple previous abeyance requests (see 2207290029) since March 2021.

U.S. Magistrate Judge Mustafa Kasubhai for Oregon ordered discovery to be complete by April 1 in AT&T’s wireless infrastructure lawsuit against Lane County, Oregon, said a text entry Tuesday (docket 6:22-cv-01635). Dispositive motions are due June 1, said the judge. The court “will set further deadlines in this action following its ruling on the parties' anticipated motions for summary judgment,” he said. AT&T has been trying for more than a year to place a 150-foot-tall cell tower with accompanying communications electronics on a 40-by-40-foot fenced lease area on a five-acre parcel of land in western Oregon to provide and improve local wireless services, but the county violated the Telecommunications Act by denying approval of the proposed facility, alleged AT&T in an October complaint (see 2210260009).