Settlement Conference Fails to Resolve AT&T Cell Tower Dispute With N.Y. Village
U.S. Magistrate Judge Steven Tiscione for Eastern New York in Central Islip convened a settlement conference Wednesday in AT&T’s cell tower dispute with the village of Oyster Bay Cove, New York, but the parties “were unable to reach a disposition…
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at this time,” said a civil minute entry Thursday (docket 2:22-cv-07807). The judge previously denied the village’s motion to cancel the settlement conference on grounds that it would be futile for resolving the case (see 2306300021). The parties will continue with discovery and will advise the court “if a further settlement conference would be productive,” said the minute entry. AT&T’s Dec. 22 complaint alleges the village’s denial of its cell tower application violated the Telecommunications Act by prohibiting the carrier from providing wireless telecommunications services. AT&T further contends the village failed to act on its application before the statute's shot clock expired, and the denial wasn’t based on substantial evidence in a written record, as the TCA requires.