Protect your town

🚫 There are lots of techniques to get wireless companies to skip your jurisdiction and move on. You are not powerless. You have legal options.

Suggest list of Cell Tower ordinaries for local jurisdictions.

The FCC places limits on what local can do with regards to personal wireless communication, defined as voice, push-to-talk and text. The use of data services such as internet access and the like is unregulated. Thus, local jurisdictions can do what they want.

Legal Non-Constraints in protecting jurisdictions in local permitting of Cell Towers

W. Scott McCollough comments on existing code and proposes replacement of wireless code for the City of Malibu, CA

Replacement for Wireless Code

Proposed Ordinance Summary

McCollough Responds to Faulty Analyses Regarding 5G and Small Cells

Seldon Pines aural and written testimony on blocking a cell tower by using "Effective Prohibition" standard. "Effective Prohibition" standard includes both when cell towers are required and when cell towers are not required.

https:mocosafeg.org/prohibition

The Los Altos California Ordinance says:

  • installation of small cells on public utility easements in residential neighborhoods is prohibited

  • 500 foot setbacks for small cell antennas for multi-family residences in commercial districts

  • 500 ft separation for cell antennas from schools

"The Threats from the Telecom Companies that any attempt to restrict deployment will result in lawsuits are hollow and specious. In other words, if the City prohibits deployment for the “wrong” reason, the only remedy in court is an injunction requiring the City to issue a permit." There is no chance for the wireless company to recover lawyer fees or money in penalties.

City of Mission Viejo

“Federal Law Does Not Prohibit the County from Imposing Stricter Procedural Requirements on Wireless Facilities Than on Other Pole Attachments”

https://ehtrust.org/wp-content/uploads/DelBianco_Conditional.Use_.Federal-Law-Does-Not-Prohibit-the-County-from-Imposing-Stricter-Procedural-Requirements-on-Wireless-Facilities-Than-on-Other-Pole-Attachments.pdf

Physicians for Safe Technology: Key Elements of Strong Local Ordinances

https://mdsafetech.files.wordpress.com/2020/02/key-elements-categorized-of-strong-local-ordinances-physicians-for-safe-technology-21120-pdf-.pdf

How You Can Tame 4G/5G Wireless in Your City

https://scientists4wiredtech.com/thisworks/

Wayne County, NY Department of Planning Training Seminar, April, 2018, Local Government Regulation of Wireless Facilities II, by Andrew J. Campanelli

https://drive.google.com/file/d/1brweEYI1WfuVzwh38IdTFDJgHoQjYi2Y/view?usp=sharing

Model Wireless Telecommunications Ordinance for Siting of "Small Cell" Telecommunication Infrastructure in Public Rights-Of-Way developed by 5G Crisis group.

https://drive.google.com/file/d/1Q-pqE-1gFyKEZrfr2-lVFCH7zhNrly4m/view?usp=sharing

Gaithersburg Small Cell Tower ordinance is part of rights-of-way section.

https://www.gaithersburgmd.gov/home/showdocument?id=5912 page 55

Take your own legal action -- Caveat emptor

  • Lena Pu. You will need to join her patron group for $10 per month to see the how to document and watch past videos

  • https://lenasfabulousfrequencies.com/

  • Cal Washington & his group who developed an NOL for Smart Meters, and are now developing ones for 5G