Residents Fight Against Cell Phone Towers

Dozens of Burlingame residents met Monday night to express their concerns to the Planning Commission over new cell phone towers potentially being built in Burlingame and their thoughts on a proposed ordinance governing the installation of such towers.

In October 2010, ExteNet and T-Mobile applied with the Public Works Department to install cell phone antennae (or towers) within the City. At the time, only regulations existed regarding satellite dishes and other antennae attached to roofs--not those used for cell phones.

In order to manage tower requests, the City held a public hearing Monday on a draft ordinance altering zoning and requiring the owner of the tower to obtain a use permit.

According to a City staff report, the ordinance would:

• provide regulations for all wireless communications facilities city-wide
• encourage latest technology, including “stealth” facilities, to reduce visual impact
• require periodic reporting regarding compliance with federal, state and local laws
• require providers to consolidate, co-locate their facilities
• require information regarding locational need and alternative sites analysis
• include mandatory notification and hearing requirements for facilities within 600-feet of residential districts

However, many residents spoke out against the towers and passing any ordinance, at least until provided with more information.

The commissioners expressed their agreement with the community members. Commissioner Tim Auran cited neighborhoods like Ray Park, Easton and Mills Estate, which purposely have utilities underground or behind houses for aesthetic purposes—quite the opposite of how cell towers would look in the areas.

“Now we have someone who can put in what they want in a public right of way,” said Auran. “This whole thing is contrary to what we have.”

Additionally, he questioned what would happen as new technology comes along, making these towers obselete or requiring even more wiring and visual obstruction.

Many residents complained about not being properly notified by the telecommunication companies, a requirement they’re concerned the companies overlooked. Without proper noticing, residents might not submit complaints in time, all of which are supposed to be answered by a company representative.

“They were doing one…at 2121 Easton…That’s 100 feet from my house and I hadn’t been notified,” said resident Tom Shea. “There’s not enough serious information.”

The Planning Commission never received notices or example photos of the towers either, instigating one resident to leave the meeting and make copies of the photos for the commissioners.

Resident Matt Mandel said he checked coverage maps for T-Mobile and ExteNet—the two companies with applications in for antennae—and said they both showed excellent coverage in Burlingame.  He questioned what gaps in coverage the antennae aim to fill.

He additionally suggested a moratorium on discussion until the City Council and public have the chance to fully explore and discuss the ordinance, a suggestion echoed by other residents and one City Attorney Gus Guinan said he would look into, pending its legality.

Other residents were concerned with the legality of the companies having right of way to construct antennae. According to a staff report, under the Federal Telecommunications Act of 1996, municipalities such as Burlingame are unable to control the construction and placement of wireless antennae for environmental or health reasons as long as the company complies with all FCC regulations. 

Cities can only stop antenna construction for aesthetic reasons as long as cell phone service to the area is not affected.

“Aesthetics is not the only reason to limit the installation of towers in the area,” said resident and attorney Doug Luftman. “You’re entitled to ask the questions; you’re entitled to put them to task.”

He said the companies need to prove they're filling coverage gaps and explain why the towers must be in residential areas, as opposed to commercial.

Commissioner Richard Terrones said, admittedly, the commission and other City official lack the knowledge of telecommunication law that may be necessary to stop the antennae. He suggested seeking outside expertise and perhaps having the application fee for such an antenna include a review by a telecommunication engineer.

The commission decided to continue the issue until a later meeting. In the mean time, they expect a study session will be held by the City Council to hear additional public feedback and learn more about the antennae and laws behind them.

Residents have until August 2 to submit questions and concerns to ExteNet regarding proposed antennae in Burlingame neighborhoods.

For more information on those leading the fight against cell phone towers or to get involved, visit http://groups.yahoo.com/group/noeastoncellphonetowers.