Settlement reached in Ronkonkoma cell tower dispute

A five-year battle over a cellular-transmission tower in a Ronkonkoma neighborhood that escalated into federal court has been settled, with LIPA and PSEG Long Island agreeing to cooperate with T-Mobile as it erects a 150-foot structure.

The settlement agreement was filed in court on Nov. 12.

T-Mobile, of Bellevue, Washington, had filed suit in federal court in October against National Grid, the Long Island Power Authority and PSEG seeking temporary and permanent injunctions to prevent the utilities from "further interference" in the project. PSEG previously had said it would not allow the project to move forward until T-Mobile had the "full support of the community."

A PSEG spokeswoman declined to comment Monday on why the company changed its position.

T-Mobile didn't respond to a request for comment.

Local residents who for years have voiced concerns over health, safety and aesthetics through street protests and letter campaigns expressed frustration and disappointment Monday.

"The people of the community do not want this here," said Kurt Johnson, who lives 50 feet from the site and said he may move.

"We are trying to plan a protest," said resident Jamie Mare. "We just feel so defeated. I feel like we have a parasite living on us and there's nothing we can do about it."

Suffolk Leg. Tom Cilmi (R-Bay Shore) said he shared residents' concerns. "I'm obviously not happy about it," he said of the settlement, which could lead to construction in January. Residents are "already having to live with something that's ugly and to some degree unmaintained. Now you're adding insult to injury, another 20 feet on a pole and another cell mechanism."

T-Mobile's federal suit said the utilities were violating a 2009 contract T-Mobile signed with National Grid, which previously managed the electric grid for LIPA. The contract allowed the cellphone company to erect the transmission tower on a LIPA right of way near Bay Avenue and 11th Street and other Long Island locations.

The suit said T-Mobile has spent nearly $1 million on the project, including building a replacement transmission pole and a foundation.

T-Mobile's suit said LIPA and PSEG, which took over operation of the grid in January 2014, had declined to provide electric clearance for the work to begin "purportedly because of T-Mobile's alleged failure to win 'full support of the community' for the site." T-Mobile said community support wasn't a condition of its contract.

The suit said T-Mobile's building permit with Brookhaven Town expires on Feb. 27, and delays were "jeopardizing" that and other governmental approvals.

By Mark Harrington

mark.harrington@newsday.comMHarringtonNews

Mark Harrington, a Newsday reporter since 1999, covers energy, wineries, Indian affairs and fisheries.