Verizon, Rochester Seek 5G Fee Summary Judgment
Verizon and Rochester, New York, must respond by Nov. 18 to each other’s summary judgment motions, said a U.S. District Court in Rochester order (in Pacer) Thursday. Replies are due Dec. 2 in case 6:19-cv-06583-EAW-MWP on whether the city charges…
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excessive fees for installing 5G infrastructure (see 1908120021). “The City has failed to establish that either its small cell or fiber fees are cost-based,” in violation of the FCC’s 2018 small-cells order, said Verizon's Wednesday motion. “Its small cell fees are five times higher than the FCC’s presumptively reasonable amounts.” The city said the carrier doesn’t and can’t show the fees effectively prohibited the company from providing telecom services. These fees “are exactly the sort of fair and neutral compensation that municipalities are expressly allowed to collect under” Communications Act Section 253.