In Fall of 2021, acknowledging a lack of adequate 4G signal coverage and system capacity in Downtown Lakewood, and acknowledging that this falls short of an FCC mandate that each cell carrier must provide “substantial service” in its licensed service areas or risk having their license revoked, Verizon Wireless embarked on plans to install a cell tower in Downtown Lakewood.
Instead of building an entire tower all the way from the ground up, Verizon's representatives chose to place a smaller cell tower "facility" atop the Senior Citizen resident building on Clifton Avenue and 5th Street as the height of that building would preclude the need to build an actual tower.
The building is owned by Moshe Eichler and - at the time - he granted permission to Verizon to install the tower facility they envisioned.
When the neighbors received legal notice regarding an upcoming public hearing at the Lakewood Township Zoning Board of Adjustment on the proposal, they rallied against it, even getting the BMG Roshei Yeshiva, the Satmar Dayan Rabbi Klein, as well as BMG Senior Posek Rabbi Forcheimer to sign letters opposing the installation of the cell tower. [Read more here and here on FAA News.]
Despite all the backlash from the neighbors, the Zoning Board approved the application. Neighbors subsequently challenged the approval in Superior Court and later in the Appellate Division. Both courts rejected the neighbors' challenge.
In the meantime, the neighbors urged the landlord and property management to reverse their approval of the land lease to Verizon.
The landlord eventually caved in and barred Verizon from entering the building.
Verizon, who has been paying $2,750 a month in rent since February 2023, has fiercely objected to what they consider a breach of their lease agreement, which grants them the right to install, operate and maintain their cell tower on the property with the unfettered right to 24/7 access to the property.
Seeing the passage of time with continued lack of access to the building, Verizon is now running to court seeking judicial intervention to enforce the lease agreement and require the landlord to permit them access.
Verizon's court filing states in part:
The four surrounding Verizon facilities have cumulatively handled 11,961 emergency 911 wireless calls during the 12 months of 2023 and have already handled 5,852 emergency 911 wireless calls for the past six months of 2024.
Verizon has a significant gap in wireless telecommunications services in the vicinity of the property.
The gap that exists in the Lakewood area prevents Verizon from providing reliable wireless services to the area, particularly high-speed voice and data transmission to current and future users of its wireless telecommunications network, including residents, businesses, and police, fire, hospital, ambulance and emergency 911 response personnel.
The Facility will remedy this service gap and able essential wireless communication services (such as emergency wireless 911) to be furnished by Verizon to the public, including residents of the Township of Lakewood, businesses, and fire, police, ambulance and other emergency personnel.
The Lease provides that in exchange for monthly rental payments, Verizon is granted the right to install, operate and maintain the Facility on the Property with the unfettered right to 24/7 access to the Property. Since commencement of the Lease, Verizon has timely remitted its monthly rental payments, each of which were accepted and deposited by Defendant.
Verizon is ready to construct the Facility, but Defendant repeatedly and illegally continues to block Verizon’s access to the Property. As a result of Defendant’s actions, Verizon, its customers and the public have been and will continue to be damaged and irreparably harmed absent the relief requested herein.
The injury to Verizon affects: (i) its ability to provide its customers with the high-quality, reliable services they need and rightfully expect; (ii) its ability to compete with other providers of telecommunications service in a fair and balanced regulatory environment; (iii) the full use of its existing FCC licenses and business investments; and (iv) the goodwill of its customers and its business reputation.
Verizon's Motion for Order To Show Cause is returnable before Judge Theresa Cunningham this Friday, August 16, 2024.
It remains to be seen how much longer the landlord will hold out. The landlord has not yet entered an appearance in court.
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