Trees Better Than Cell Sites on Public Right-of-Way 1

Gary Huerta’s wrath at finding new trees planted in front of his home has given him material for two News-Press editorials (Tuesday’s the most recent – some quotes below).

Glendale residents’ wrath at discovering a cell site almost planted in front of a home sent them to city council demanding restrictions and better notification rules.

The resulting draft ordinance has better notification rules. But the problem remains: California gives telecoms almost unlimited access to the public right-of-way (superceding local regulations), while the U.S. restricts cities’ ability to limit proliferation for the stated reason of fostering competition.

“Just because the city has rights to my property doesn’t mean it should use it like a schoolyard bully.” Unannounced tree planting isn’t the modus operandi for schoolyard bullies (and according to staff is unusual for Glendale).

In contrast, unannounced cell site installation appears to be a preferred method for some wireless carriers trying to get a site up and running before neighbors notice and organize a protest. State and federal law is on their side, superseding local zoning codes, and carriers don’t have to answer to anyone in the local community. T-Mobile’s surprise cell site across from Taper Elementary School in San Pedro falls into this category – residents are fighting to get it removed.

“If this was a matter of public safety, or a necessary utility upgrade, I could understand.” Wireless carriers’ claims to need more sites for better 911 coverage are manipulative. They need more sites because they are for-profit businesses looking to increase market share. They use laws meant to benefit public utilities to impose their infrastructure.

The city’s use of the public right-of-way is spelled out in the municipal code, negotiated with its residents. Cell site installations on the public right-of-way are governed by state and federal laws immune to local negotiations. Better a tree than a cell site.

See this post for more information on Glendale’s draft provisions for public right-of-way installations.