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3/14/03 - NATE
Conference speakers address tower safety. Wireless Week.com,
February 25, 2002. Note especially the last four paragraphs on lightning
safety. Antennas on rooftops are susceptible as well. A ground potential
rise can kill humans and animals without a direct lightning hit.
12/15/02
- Strike
Back at Lightning by Vikki Kipp. Site Management & Technology,
Sep 1, 2002.
While humans have 1 in 6,000 odds of being struck by lightning,
towers have 1 in 1 odds of being struck. It's basically inevitable.
Del Parkinson has prepared
two brief but significant overview documents that should be of help
to those of you who are dealing with siting applications:
7/19/02
-
Lightning strikes rooftop mobile phone and paging antennas: two
people sent to the hospital.
4/18/02
- "How
Exposure to Base-station Radiation Can Adversely Affect Humans"
(pdf)
Dr. Gerard Hyland's explanation of the bioeffects that can arise
from radiation levels found around base station installations. It's
a good piece to give people who are just starting to ask questions
about possible health effects. (In
html format)
Expert
testimony presented to a committee of the Virginia legislature on
local and county authority to site commercial wireless transmission
towers. The
point is clearly made that tower realty companies have no standing
under the TCA of 1996 nor with the FCC. While some of this testimony
is specific to Virginia law, much of it (indicated
in red in PDF file) applies across the board in all state
to all county and local government entities.
11/27/01- Lightning
Burns Fire Chief's Home - A lightning bolt to a 199-foot communications
tower likely caused a Monday blaze at the business and home of Blendon
Fire Chief Russ Hirdes and his wife, according to Assistant Chief
Tom Meeuwsen.
9/19/01- MAI
appraiser cites Appraiser Journal & Institute as source for
information that cell towers act as an "external obsolescence" which
will devalue residential property. This site is minutes from the
Vernon Township Board of Adjustment hearing of August 29, 2000.
This site uses statistics showing just how much devaluation can
occur.
9/19/01- Lawyers Weekly
USA, The National Newsletter for Small Firm Lawyers "Towns
can Reject Cellular Towers" April 16, 2001 - Details aesthetic
basis for rejecting towers, property values mentioned. Cite number
- 2001 LWUSA 289
4/3/01- This
is an article entitled
"The Price of Zoning Revisited: Zoning Issues Raised by the Telecommunications
Act of 1996" from the Winter 1999 Issue of the "Illinois
Real Estate Letter" published by the Office of Real Estate Research,
University of Illinois at Urbana-Champaign. The author cites several
court decisions in which the courts, "did not require proof that power
lines posed a health risk, but only that the perception of danger
led to a drop in property value. The court held that whether the danger
is scientifically genuine is irrelevant to the central issue of market
value impact." The author further states, "It is certainly possible
to infer that transmission towers impose negative externalities on
property values, if not on human health."
These statements
from medical doctors about the possible public health risks
of mobile phone antenna base stations exposure appeared on page
15 of the Fall 1997 issue of Network News, the newsletter
of The EMR Alliance.
This link contains URL's for
articles from various industry and government web sites that discuss
safety hazards and liability
issues from wireless telecommunications installations. These
include back-up battery problems including fire, explosion, and
leaking of sulfuric acid as well as liability for RF interference
with a variety of industrial, medical and home electronic equipment
in the neighborhood and real estate property devaluation.
Real
Estate Finance Review, Winter
1997 article discussing the property devaluation impacts of
rooftop antenna siting.
These articles can help to
build the "public safety" and "preserving property values" arguments
and provide "substantial evidence in a written record" to deny permits
for wireless telecommunications facilities in close proximity to
schools, homes, and day care and nursing home facilities such as
on the community water tower, as well as those proposed for existing
structures such as roof tops, historic structures and churches.
The equipment shelter/hut that is required for the operation of
the antennas presents a clear hazard to the safety of the neighborhood.
The cost of liability insurance to cover all of these hazards along
with decreases in property values should discourage churches and
historic sites from hosting wireless facilities despite the promise
of revenue from the wireless provider.
Information Provided by
Wireless Providers
This is the information
pamphlet provided by T-Mobile mobile phone provider in answer
to questions about the environmental effects of radiofrequency radiation
coming from base station antennas. At the end of each topic covered
in the pamphlet, this attribution appears: "Information sourced
from the Cellular Telecommunications and Internet Association."
The position on radiofrequency
radiation risk to public health found repeatedly throughout the
pamphlet is: "The consensus view among experts - both in the
United States and internationally - is that exposure to levels emitted
by wireless antennas is not hazardous to public health."
"Cell-Phone
Towers and Communities: The Struggle for Local Control"
by B. Blake Levitt was first published in the Autumn 1998 issue of
Orion Afield. It is an excellent article to distribute to local planning
and zoning board members as a jumping off point for education about
the complex issue of siting wireless telecommunications facilities.
From the FCC's Local and State
Government Advisory Committee (LSGAC) issued on June 2, 2000:
A
Local Government Official's Guide to Transmitting Antenna RF Emission
Safety: Rules, Procedures, and Practical Guidance
Check out all the info on this
site. Copy the "Calculations
on the Mechanical Failure of Towers" for your Select Board.
It does the math and geometry to show that towers need to have setbacks
that are 2-21/2 times their height in order not to collapse on surrounding
property, streets, and buildings. It also makes the point that things
attached to towers tend to project outward when they are blown off.
Nothing simply falls straight down to the ground. Falling ice is
a problem as well. If you are in a tropical climate like Florida
or Hawaii, a tower will still be subject to storms with strong winds
so large setbacks are needed due to tower collapse and equipment
being blown off the top of the towers. Orange County, Florida, home
of Disney World, MGM Studios theme park, Sea World, etc., has set
backs five the times height of any tower for this very reason. Copy
this and distribute to your local planning and zoning board members.
Journal of the Missouri Bar
article on liability considerations for all parties in a tower collapse
situation. "The
Legal Landscape When a Tower Collapses"
If you have more time to read
in depth on the legislative and litigation history since the Telecommunications
Act of 1996, read "Cellular
Tower Zoning, Siting, Leasing and Franchising ... Federal Developments
and Municipal Interests." (Updated 9/01) Its author, John W. Pestle,
is co-chair of Varnum, Riddering's Energy and Telecommunications Practice
Group. He updates this "history" on a regular basis. It's very readable,
even for the non-legal types. Our case challenging
the FCC Health and Safety Standards is mentioned here as well.
Available to read on line is the
article from Planning Commisioners Journal, from the Fall 1997 edition:
"Planning
for Cellular Towers," by Ben Campanelli. This is an accurate perspective
on how local tower permit hearings often play out.
The New Hampshire Office of
State Planning has written a guide for the Preservation
of Scenic Areas and Viewsheds. Although written in 1993, this
document provides thoughtful information and important planning
strategies for locals whose viewsheds may be threatened by the proposed
construction of telecommunications facilities. " This document
suggests a process for: identifying scenic areas in a community
providing a clear statement in the master plan about goals for preservation
of scenic values, and incorporating specific policies into the zoning
ordinance, subdivision regulations and site plan review regulations
that will enhance the aesthetic qualities that define the community
and make it unique. (PDF document)
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Click
on a specific state to find samples of actual wireless telecommunications
towers and facilities bylaws for municipalities within the
state. (This index of bylaws is being compiled starting with
the VT postings on 1/10/02. If you have access to other bylaws,
please contact the EMR
Network. Our goal is to build an indexed resource of bylaws
from all 50 states.)

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