Verizon has sued the City of Rochester, NY in federal court claiming that Rochester’s fees for attachments, trenching, overhead, etc. exceed the FCC’s presumptive caps, and therefore sink to a prohibition of service.
How silly. How very silly.
I suspect this little law suit will go exactly nowhere while the big show is playing out in the 9th Circuit Court of Appeals. The Verizon law suit against Rochester turns on the outcome of the main 9th Circuit case. The 9th Circuit case is where local governments around the country are suing to set aside the FCC’s Small Wireless Facility Order. It’s that Order that Verizon cites as the basis for its suit against Rochester.
I will not be surprised one bit when the judge in the Rochester case puts the brakes on that case to await the outcome of the 9th Circuit case.
Here’s Verizon’s complaint: