A long six-year battle over construction of a cell phone town in a South Peabody residential neighborhood is over.
The Peabody Municipal Light Plant (PMLP) announced Friday it had reached an agreement with Verizon to install wireless communication facilities onto utility poles in Peabody in lieu of construction of a large-scale antenna previously sought by Verizon.
PMLP Manager Charles J. Orphanos said the agreement provides for “about a dozen” facilities, which will be installed atop PMLP utility poles to mitigate Verizon’s coverage gap, adding that the installation will be conducted by PMLP high-voltage linemen as a condition of the agreement.
Mayor Edward A. Bettencourt said the agreement is “good news all around for everyone.
“This is big news for South Peabody and good news for the city,” said Bettencourt. “We knew it was coming and we were very optimistic that it was going to happen. It’s been a long winding road, so I am extremely happy as this is wonderful news for South Peabody and the city in general knowing that a large pole in a family neighborhood would be extremely destructive to the quality of life there.
“I am very grateful to the City Council and the Peabody Municipal Light Plant for making this happen. The agreement also ensures that the neighborhood will have improved coverage in some areas that have pockets with issues, so this will help on so many levels. I am just grateful that this area has been protected.”
The agreement is expected to bring an end to a lawsuit brought by Verizon against the city after the City Council denied Verizon’s request for a special permit. The city recently filed an appeal to the Supreme Judicial Court to review its most recent setback. An appeals court decision upheld a land court ruling in favor of Verizon just two weeks ago that found the city’s denial of Verizon’s special permit application to allow construction of the tower at that location was in violation of the Federal Telecommunication Act.
Bettencourt said that appeal will be withdrawn as a condition of the agreement, but he did not yet “know if Verizon will be filing a motion to dismiss the case.”
The agreement, in part, addresses the 2018 Declarative Order by the FCC, which opened the door for communication companies nationwide to install wireless communication facilities on utility poles within the public rights of way.
PMLP Chairman Robert O. Wheatley said, “As a result of the Declarative Order, PMLP needed to develop specifications and a comprehensive plan that governs how Verizon and other carriers will use utility poles in PMLP’s service area for the new technology. The fees that PMLP will collect from Verizon will offset the costs associated with the work that PMLP will do to install the new equipment.”
“It’s a big win for everybody. Any time you have a long negotiation, isn’t everybody happy when it’s over?” said Human Resources and Community Director John Maihos.
Orphanos said that negotiations with Verizon for a settlement agreement have been ongoing since 2018, but PMLP was confident a solution would be found.
“This was a long process that relied on everyone’s cooperation and persistence. In the end, we feel this is a good agreement for the neighborhood in South Peabody and all our ratepayers,” Orphanos said. “I’d like to thank everyone at PMLP who has been involved in this process — the Commissioners of PMLP, the City of Peabody, and Verizon, who worked diligently to reach a mutually beneficial solution.
“Literally, two Thursdays ago when the Appeals Court ruled for Verizon we were on the half-yard line with a first-and-goal. We had been massaging it for two years, but nobody really knew how close we were to getting it done.”
