Verizon’s Fee Suit Against Rochester, N.Y., Gets Green Light

Verizon Wireless may proceed with claims that the Rochester, N.Y., telecommunications code violates federal law because the company sufficiently alleged the code imposes unreasonable and discriminatory costs, the Western District of New York found.

Cellco Partnership, which does business as Verizon Wireless, alleges the municipal code violates a Federal Communications Act provision barring local governments from imposing requirements that prohibit the provision of telecommunications services.

The company can go forward under the theory that the fees effectively prohibit it from providing services, the U.S. District Court for the Western District of New York said.

The challenged fees include $1,500 per ...