From: Janet Newton;JNewton@emrpolicy.org
Date: September 18, 2008 8:21:37 PM CDT
To: Recipient list suppressed:;
Subject: Sept. 29 DEADLINE - What We're Up Against
FYI -
If you had any doubt as to whether the FCC needs to hear comment from ordinary citizens about the CTIA Petition to remove more local zoning authority for antenna sites, the comments below from Commissioner Adelstein will convince you that your comment is crucial. He ignores the intent of Congress in the TCA of 1996 that chose to preserve the major aspects of local and state authority to decide what sites are appropriate through the democratic process at the local level.
In theCommunications Daily article below, FCC Commissioner Adelstein, one of the two Democrats on the Commission, dismisses citizen participation in local zoning proceedings as "NIMBY". His comment on the science shows his own "misconception" about the weight of evidence in the published science.
Thank you to all of you who have already sent your comment and who have forwarded the earlier message to your neighbors and local government officers.
Here's the link again for those who still need to send in their comment:
Submit your Comment by September 29, 2008. In - Box 1. Proceeding - type 08-165.Fill out the rest of the form as it applies to you as an individual. For Box 12 choose COMMENT. You can attach your Comment as a PDF document, or you can type your comment directly into the box at the bottom of that page.
Communications Daily:
Adelstein Favors Limit on Local Cell-Tower Review
SAN FRANCISCO -- FCC Commissioner Jonathan Adelstein praised a CTIA request that the agency put a deadline on local rulings about building or adding to cell towers (CD Aug 28 p5). "The CTIA position is the start of a federal policy but much less heavy-handed" than having the FCC "lay out every detail" of what's required of localities, he said Wednesday at a CTIA conference: "I think it's an intriguing framework."
A nationwide backlog of 700 tower applications dating back more than a year reflects "unreasonable delays," Adelstein said. Tower foes are "the same people who are mad when a call gets dropped or they don't get wireless broadband," he said. "It's the old NIMBY [not in my back yard] problem." Exceptions would be needed to a "shot clock" for cases involving special environmental or historical considerations, Adelstein said. But he can't believe that legitimate "special circumstances" have delayed those hundreds of longstanding filings, he said. Nor has he decided on remedies for violations, including a CTIA request to "deem granted" filings still pending when the clock runs out. Adelstein wants the FCC to work with state and local governments on time limits. Adelstein doesn't doubt commission authority to limit local governments, he said. "The FCC has a role here," he said. "The congressional policy" expressed in Communications Act Section 332 is "we need to move this forward," and, as a commissioner, he is bound to carry that out, he said. The FCC can decide that "the presumption has to be" that a local government must "get it done in a time certain."
Local tower decisions lag because people fear that the structures cause cancer, said Rod Wright, a former California Assembly member running for the state Senate from a district in southern Los Angeles County. That won't change "as long as you have that silence from Washington," instead of an authoritative statement on towers and health, he said. "Cities deliberately don't tell you" a siting decision "because they know that's when you get to go to court," Wright told CTIA executives moderating the panel discussion.
Many such fears are "misperceptions" and views "not based on facts, not based on science," Adelstein said. There's "no evidence of a risk to human health" under FCC radio-frequency limits, he said. State governments may be able to help dispel myths, Adelstein said. Cities should "allow collocation" by approving additional antennas on towers as preferable to new towers, he said. Asked later if he'd be willing to install a cell tower in his backyard to promote his position, Adelstein said: "I'd love it. I'd get better service. I can't do it. I'm kind of in a low area." During the panel Adelstein said setting rules for a new auction of the 700 MHz D block is "front and center on my plate," at least among wireless matters. The FCC should publicize proposed rules to get suggestions before they're completed, he said. "We're not finding overwhelming interest in that band," he said. The rules are "very difficult to get right," he said. "We may be spending a lot of time on that this week... That's the biggest regulatory issue before us."
Date: September 18, 2008 8:21:37 PM CDT
To: Recipient list suppressed:;
Subject: Sept. 29 DEADLINE - What We're Up Against
FYI -
If you had any doubt as to whether the FCC needs to hear comment from ordinary citizens about the CTIA Petition to remove more local zoning authority for antenna sites, the comments below from Commissioner Adelstein will convince you that your comment is crucial. He ignores the intent of Congress in the TCA of 1996 that chose to preserve the major aspects of local and state authority to decide what sites are appropriate through the democratic process at the local level.
In theCommunications Daily article below, FCC Commissioner Adelstein, one of the two Democrats on the Commission, dismisses citizen participation in local zoning proceedings as "NIMBY". His comment on the science shows his own "misconception" about the weight of evidence in the published science.
Thank you to all of you who have already sent your comment and who have forwarded the earlier message to your neighbors and local government officers.
Here's the link again for those who still need to send in their comment:
Submit your Comment by September 29, 2008. In - Box 1. Proceeding - type 08-165.Fill out the rest of the form as it applies to you as an individual. For Box 12 choose COMMENT. You can attach your Comment as a PDF document, or you can type your comment directly into the box at the bottom of that page.
Communications Daily:
Adelstein Favors Limit on Local Cell-Tower Review
SAN FRANCISCO -- FCC Commissioner Jonathan Adelstein praised a CTIA request that the agency put a deadline on local rulings about building or adding to cell towers (CD Aug 28 p5). "The CTIA position is the start of a federal policy but much less heavy-handed" than having the FCC "lay out every detail" of what's required of localities, he said Wednesday at a CTIA conference: "I think it's an intriguing framework."
A nationwide backlog of 700 tower applications dating back more than a year reflects "unreasonable delays," Adelstein said. Tower foes are "the same people who are mad when a call gets dropped or they don't get wireless broadband," he said. "It's the old NIMBY [not in my back yard] problem." Exceptions would be needed to a "shot clock" for cases involving special environmental or historical considerations, Adelstein said. But he can't believe that legitimate "special circumstances" have delayed those hundreds of longstanding filings, he said. Nor has he decided on remedies for violations, including a CTIA request to "deem granted" filings still pending when the clock runs out. Adelstein wants the FCC to work with state and local governments on time limits. Adelstein doesn't doubt commission authority to limit local governments, he said. "The FCC has a role here," he said. "The congressional policy" expressed in Communications Act Section 332 is "we need to move this forward," and, as a commissioner, he is bound to carry that out, he said. The FCC can decide that "the presumption has to be" that a local government must "get it done in a time certain."
Local tower decisions lag because people fear that the structures cause cancer, said Rod Wright, a former California Assembly member running for the state Senate from a district in southern Los Angeles County. That won't change "as long as you have that silence from Washington," instead of an authoritative statement on towers and health, he said. "Cities deliberately don't tell you" a siting decision "because they know that's when you get to go to court," Wright told CTIA executives moderating the panel discussion.
Many such fears are "misperceptions" and views "not based on facts, not based on science," Adelstein said. There's "no evidence of a risk to human health" under FCC radio-frequency limits, he said. State governments may be able to help dispel myths, Adelstein said. Cities should "allow collocation" by approving additional antennas on towers as preferable to new towers, he said. Asked later if he'd be willing to install a cell tower in his backyard to promote his position, Adelstein said: "I'd love it. I'd get better service. I can't do it. I'm kind of in a low area." During the panel Adelstein said setting rules for a new auction of the 700 MHz D block is "front and center on my plate," at least among wireless matters. The FCC should publicize proposed rules to get suggestions before they're completed, he said. "We're not finding overwhelming interest in that band," he said. The rules are "very difficult to get right," he said. "We may be spending a lot of time on that this week... That's the biggest regulatory issue before us."
