Tower siting deliberations in Glendale, California are a threat to the wireless industry, whose lobby has mentioned the city in two federal petitions, one to the U.S. Supreme Court and one to the Federal Communications Commission.
A brief submitted in favor of Sprint’s petition to appeal the Ninth Circuit’s Sprint v. County of San Diego decision (which the Supreme Court declined to review), by PCIA (the wireless infrastructure association), California Wireless Association, and Newpath Networks, devotes two long paragraphs to Glendale’s 2009 wireless moratorium, its staff report, and its reliance on the Ninth Circuit Sprint decision, and says:
In its report to the Council, city staff made the following assertion about the effects of Sprint II in that it “…create[s]…an opportunity to review and analyze existing ordinances and the current state of the law so that…the City may safeguard Residential Areas from the intrusion of incompatible and potentially disruptive uses through the development of a new ordinance relating to…Wireless Facilities.”…The Glendale Report notes that “many cities have become engaged in comprehensive reviews of their zoning and right-of-way ordinances in order to consider stricter requirements for placements of wireless antennas.“
The subtitle and arguments that precede this passage make it obvious the wireless industry believes this is a bad thing.
PCIA’s comments to the FCC on the National Broadband Plan dwell on community tower siting delays, and also deplore the Ninth Circuit Sprint v. County of San Diego and other court rulings, arguing that
Since this time, numerous communities have taken the opportunity to enact moratoria and more burdensome regulations…For example a local newspaper report of a recent Glendale, CA, moratorium states that the Supreme Court’s decision “could make it harder for companies to challenge Glendale’s upcoming ordinance,” and notes that “[o]n June 8, the City Council extended a moratorium on new cellular antennas in residential areas for an additional year while a new ordinance regulating the equipment is drafted.”