At the Burlingame City Council meeting Monday night, City Attorney Gus Guinan announced wireless company ExteNet Systems of California filed a lawsuit against Burlingame regarding the City’s while discussing new regulations.
“The City was served last Friday late in the afternoon with a lawsuit,” Guinan said.
The City Council members unanimously approved a moratorium on cell phone antenna construction at their September 6 meeting. The decision came after months of discussion on the necessity of an ordinance governing antenna construction before any more were erected and backlash against cell tower applications issued by Extenet and T-Mobile.
Although initially the moratorium applied only to future applicants, residents and council members pushed for the moratorium to retroactively cover Extenet and T-Mobile’s applications, as well.
“I fully support the idea of the moratorium; I think we believe it should be retroactive,” said resident Mark Wilson at the September meeting. “The moratorium serves as a signal that this city is willing to be aggressive with the telecommunications industry.”
However, Extenet officials believe the retroactive action is illegal.
This announcement comes in the same week that Burlingame officials planned a study session on wireless telecommunications facilities, during which industry experts, city officials and residents can discuss future regulations.
According to a San Mateo Daily Journal article, Extenet wants to moratorium lifted, as well as compensation for public noticing and the lawsuit.
The study session takes place Wednesday at 6:30 p.m. in the Lane Community Room of the Burlingame Public Library.
