Verizon flexes legal muscle in 5G issues before the Board of Works

The Fishers Board of Works and Public Safety approved all Verizon 5G tower requests at a Tuesday morning meeting, but an attorney representing Verizon reminded the city of the legal limits based on state and federal statutes.

Towers were approved for the following neighborhoods: Charleston Crossing, Fishersdale, Wildwood Estates, Heritage Meadows, The Pines and Northfield Estates.

During a discussion about a possible tower location adjustment in Heritage Meadows, Mayor Scott Fadness invited Verizon to comment.

Russell L. Brown, from the Indianapolis law firm of Clark, Quinn, Moses, Scott & Grahn, representing Verizon, reminded the board of the federal and state statutes limiting a city’s jurisdiction over 5G tower locations.  Verizon has worked in good faith with the city and neighborhoods, according to Brown.  He explained why, for technical reasons, the particular tower in question at Heritage Meadows would not feasible to move in this case.

Fadness responded by saying the city is walking a fine line, with Verizon essentially saying there is potential for litigation against the city in some of these tower location issues.  This is a tightrope the board must walk when weighing these tower location decisions. according to Fadness.

“I would say to the legal representation of Verizon and representatives from Verizon, although this might be costly and time-consuming for you, it shows and demonstrates that if we sit down with the HOAs (home owners associations) and actually work collectively we can actually come to a consensus and get these implemented,” Fadness said as the meeting came to a close.  “I’m sympathetic for the financial burden that is caused by interacting with our residents, but I do think you have a better outcome when you do it.”