Carriers Quash San Francisco’s “Right to Know”; CEQA, Zoning Challenges to Cell Sites Continue 1

San Francisco dropped its requirement for cell phone radiation consumer information at the point of sale, in response to legal pressure from the wireless industry, while fights continue in its government halls over placement of cell sites.

Cell Phones: The industry may have won the legal battle, but it is losing ground on public relations. San Francisco Chronicle columnist John Diaz wrote, “Consumers should have access to that data and can decide for themselves whether they want to wait for a scientific consensus before considering radiation levels when shopping for a phone.” CNET mobile device blogger Kent German wrote, “I’ve always thought the ‘Are cell phones dangerous or not debate?’ is one worth having. What’s more, the CTIA’s reaction to the ordinance was rather extreme…the CTIA needs to recognize that public concerns can’t be stopped with a lawsuit.”

Cell sites: San Francisco residents have mobilized to oppose proliferation of equipment in their neighborhoods. T-Mobile lost the first round of its lawsuit to overturn the Board reversal of a Taraval Street CUP approved by the Planning Commission. Judge Claudia Wilken ruled that the decision met the Telecommunications Act of 1996’s requirement that it be ‘in writing’ and based on ‘substantial evidence.’

T-Mobile prevailed in a mid-April Supervisors vote against further CEQA review for a Grant Avenue installation, but residents’ unsuccessful appeal did result in some important developments. Doug Loranger reports:

“Board President David Chiu instructed the Planning Department to begin treating microcell antenna applications with the same standards and procedures as the Department currently uses for macrocell antenna applications. Chiu also asked the Planning Department to begin outlining the process for the City to develop a ‘master plan’ for future wireless build-out in San Francisco, which a number of Planning Commissioners, as well as members of the public, have been requesting for some time.

In addition, Supervisors Eric Mar and Ross Mirkarimi voted in favor of the appellants. Mar stated that the appellants had made a case for the ‘cumulative impact’ of so many wireless facilities within a short distance in North Beach, whereas Mirkarimi questioned the FCC standards and the extent to which they are truly protective and may be open to change in the future.'”