NextG workers using testing equipment at the Nassau Blvd. railroad station. The pole is part company’s test equipment, not what is to be installed. The Garden City News has learned that after a meeting a few weeks ago held between representatives of the Village of Garden City and NextG Networks, Inc. regarding NextG’s proposal to install Distributed Antenna Systems (DAS) on 15 of the Village’s light poles in residential sections, the company is exploring other installation options.

NextG has asserted that under federal law, they have the right to deploy equipment in public rights of way, with the understanding that public rights of way are held in public trust. They have said that the right has been given to them because the State Public Service Commission recognizes NextG as a public utility. The Village has taken the position that because it owns the street lighting system, including the poles, and no other utilities use those poles, it may deny use to NextG.

NextG is looking into the installation of its DAS equipment on utility company-owned poles found in residents’ backyards. These poles are owned by LIPA or Verizon. They have the legal right to install equipment on them, without the need for Village approval, if they enter into a pole attachment agreement with the utility.

NextG has advised the Village that some testing for the backyard installation may take place at the curb in front of the property. Village representatives advised NextG that it would be appropriate if they notified residents that they planned to enter into backyards, although such a notification is not legally required.

NextG apparently followed the advice, but at least one resident is not pleased. Collette M. Landers was upset when she found a note under her front doormat last month informing her that a NextG employee would be examining the utility pole running along her rear property line. She claims the note was not printed on letterhead and was unsigned. No contact information was provided.

“With holiday goings-on distracting me, I just let it slide,” she wrote in a letter to The Garden City News. “I am now kicking myself for not objecting or at least inquiring.”

Landers said it is the latest example of NextG’s “stealthy aggressiveness.” She referred to an incident which occurred on December 5 when two contractors working for NextG were attempting to install a temporary testing antenna 10 to 15 feet in height at the corner of Stratford Avenue and Wickham Road. Several residents and police officers were on the scene. Trustee Andrew Cavanaugh quickly arrived to diffuse the situation, and Mayor Rothschild arrived shortly after.