T-Mobile filed suit against the Town of Barnstable in U.S. District court Thursday, alleging it acted unreasonably by denying the company’s request to operate wireless equipment from the South Congregational Church steeple in Centerville.

In T-Mobile Northeast LLC v. The Town of Barnstable et al., the company maintains that the town illegally denied T-Mobile Northeast LLC's request to operate cellular equipment because of health concerns over radio frequency emissions.

"The Town’s denials are not supported by substantial evidence contained in a written record, they effectively prohibit personal wireless service in the vicinity of the proposed facility, and the denials are unlawful because they were based on concerns over the environmental effects of radio frequency emissions," the case reads.

Six antennas were installed in the church in January of 2018 but never operational. T-Mobile is arguing that its equipment is “permitted by right” and would serve to fill a coverage gap in its network. But residents objected, saying the church is located in an historic "District of Critical Planning Concern."

“Notwithstanding the fact that the town had already granted T-Mobile a valid building permit for construction of the proposed facility, and after the fact that T-Mobile had substantially completed [construction of] the proposed facility, the town took the position that the DCPC prevents T-Mobile from operating the proposed facility,” the complaint said.

T-Mobile seeks a court mandate requiring municipal approval of the equipment. Its case names the town and members of the Barnstable Planning Board and the Barnstable Zoning Board of Appeals

According to T-Mobile, the denial prevented the company from filling a gap in its network because there were no other reasonable alternative sites for the equipment.

The complaint said the denials were based on a lack of substantial evidence, in violation of the Telecommunications Act of 1996.

“T-Mobile provided substantial and uncontroverted evidence … that literal enforcement of the town’s zoning bylaw would involve substantial hardship to T-Mobile and that granting the zoning application would not involve substantial detriment to the public good,” the complaint said. "The town’s denial of the proposed facility constitutes an unlawful denial based on concerns about the health and environmental impacts of RF emissions in violation of the Communications Act.”

T-Mobile is represented by Prince Lobel Tye of Boston. Centerville Concerned Citizens, the local residents group, has retained Paul Revere III of Centerville to represent them.

"We're not really surprised," said Janet Davis in an interview Monday. "We were kind of expecting it."

Davis said the group is partnering with the Centerville Historical Society to schedule a fundraiser to help with legal fees.



"We have obtained a copy but we have not yet been served," said Charles McLaughlin, Jr., assistant town attorney, on Monday morning. "All of the allegations are precisely what we identified as issues of concern."



McLaughlin called the suit "challenging" from the town's perspective.

"We'll be reviewing it internally and with Allen Mandel, our outside consultant, who is a specialist in this area," McLaughlin said. "The next steps are to review and file a written answer in the case.



"At that point, it's up to the court," which may handle the case on an expedited basis, he added.