Legal Actions -- Older
United Keetoowah Band of Cherokee Indians vs. FCC
DAS towers are required to follow:
-- National Historic Preservation Act (NHPA)
-- National Environmental Policy Act (NEPA)
The August 9, 2019 decision in United Keetowah Band of Cherokee vs FCC applied nationally, as it was in the FCC's "home district", the US Court of Appeals for the D.C. Circuit Court.
Note: the FCC may have found a loophole around this ruling.
Santa Fe harmful health suite
In the United States District Court for the District of New Mexico Santa Fe Alliance for Public Health and Safety filed by Arthur Firstenberg and Monika Steinhoff
contains lots of examples of people suffering from cell tower radiation
On Friday December 8, 2017, Judge Briccetti granted the City [of Rye,NY] motion to dismiss Crown Castle’s complaint finding that the City did not violate the Telecommunications Act (“TCA”)when it rendered a Positive Declaration under the State Environmental Quality Review Act. According to Mayor Joseph A. Sack, “This Order recognizes the importance of a diligent review process that includes a review of the potential environmental impacts of installation of small cells.The City considered varying points of view and to have Judge Briccetti affirm that we have acted in accordance with federal law is gratifying.”
Crown Castle raised about every complaint they could against the City of Rye. The lawyer wrote over 200 paragraphs of violation of FCC rules and the law.
Joseph Van Eaton
The interesting tidbit is Rye employed outside counsel Joseph Van Eaton of Best, Best & Krieger who is also the City of Gaithersburg outside counsel for cell towers. Thinking for the future, it would be advantageous for MC to switch to Joseph as their outside counsel.
Sheldon Pine, Yale Law School graduate, states that the United States Court of Appeals for the Fourth Circuit, Maryland’s court, allows jurisdictions to reject cell towers in the utility right-of-way as long as cell towers are allowed in other places.
Sheldon Pine testified that the FCC's cell tower ruling that tower companies need to be granted access does not mean the access needs to be in the right-of-way. Granted access means you need to allow cell towers in your jurisdiction, but you have control over where the cell towers can be placed. You do not need to grant access in front of people's homes. Here is a link to what he said:
Last Tree Laws -- More cases
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