CORONA DEL MAR TODAY

City Wins NextG Lawsuit; Appeal Filed

A federal lawsuit filed last summer against the City of Newport Beach, which sought to set aside a City Council decision about utility poles in Corona del Mar and other locations, was dismissed — but the NextG company has appealed, sources have confirmed.

The original lawsuit was filed in late August following the Council’s decision not to let NextG add the poles near the Corona Highlands neighborhood and four other locations.

“The City is essentially leveraging its monopoly control over the public way to deny NextG the ability to install its facilities in the public way unless it attaches to – and pays monopoly rent for – City-owned infrastructure,” the lawsuit stated.

The City won the federal court case on summary judgment, confirmed City Attorney Dave Hunt. The judge “decided the City is right as a matter of law as to the federal issues. He chose not to decide a state issue, telling NextG it can pursue that issue in state court if it wants. NextG has appealed…” said Tara Finnigan, the city’s spokeswoman.

According to an online dockets website, the appeal was filed on March 21.

NextG company officials have not replied to emails seeking updates and comments.

NextG wanted to addpoles for antennas that boost wireless connectivity between carriers, and although the company could use existing city poles, officials balked at paying the city’s fee of $1,500 a month to use its poles.

“In order to allow NextG to attach to City-owned streetlight poles, the City demands that NextG pay the City $1,500 per month for each pole, which, when calculated for the five permit locations adds up to $900,000 over a ten-year period (and more than $1,000,000 if standard annual escalators are assumed),” the lawsuit states. Click here to read more about the lawsuit.

To read more about the Council’s July decision not to allow the poles, click here. At that meeting, then Mayor Keith Curry said the company’s plans were “offensive.”

NextG also has placed a pole near the Shake Shack, which Coastal Commission staff said this week has no pending permit application. Read our earlier story here.