Bronx Landlords Rebuff T-Mobile’s Demands for Rooftop Antenna Access
T-Mobile’s demands that three Bronx building landlords from which it leases rooftop space sign the New York Fire Department paperwork required for the carrier to access those rooftops and upgrade its wireless antenna facilities “will result in the taking of…
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additional roof space” by T-Mobile, said the landlords in their answer Wednesday (docket 1:22-cv-08369) to T-Mobile’s Sept. 30 complaint in U.S. District Court for the Southern District of New York. Said T-Mobile’s complaint: “As a result of defendants' material breaches, T-Mobile requires a decree of specific performance and permanent injunction compelling each defendant to sign the required approval forms as requested and give T-Mobile their full cooperation.” Each lease stipulates that T-Mobile can use the rooftops "for the transmission and reception of radio communications signals" and for the construction, installation, operation, maintenance, repair, removal or replacement of antennas, microwave dishes and equipment shelters, said T-Mobile. But the landlords responded that T-Mobile was seeking “a modification of prior agreements,” that it wasn’t entitled to injunctive relief and that any harm that came to T-Mobile “was the result of the actions or inactions or culpable conduct of third parties.”