Citizens who have spent more than two years asking the city of Los Angeles to assert zoning control over wireless installations are still waiting for the City Attorney’s report on possible ordinance options, and are now seeing full-page ads in the LA Times in which AT&T is promising more than 40 new cell sites.
At the city attorney’s request, advocates for a new Los Angeles wireless ordinance summarized key provisions of other California cities’ rules (including Glendale’s). Focusing on public right-of-way (PROW) installations, they completed two summaries: Discretionary PROW Permits and Administrative PROW Permits.
While they worked on the first two documents, the CPUC adopted General Rule 170. According to a third summary the citizens compiled on CPUC and FCC Recent Developments, it “appears to assert that the CPUC has sole authority to issue discretionary permits and conduct CEQA reviews for telecommunications construction projects in the PROW.”
The League of California Cities and the California State Association of Counties have filed petitions for rehearing and a motion for a stay. Even some cell carriers have filed a petition for rehearing. The League argues that the decision exceeds the CPUC’s authority, violates local governments’ rights, conflicts with CEQA requirements, and is ambiguous and subject to misinterpretation.
Several weeks earlier, an LA homeowner asked for information on a surprise Pacific Palisades cell site right next to her home. Days went by without any information obtained; no clear chain of authority or responsibility could be identified. A report on these efforts was sent to senior city staff with the comment: “It is truly astounding that citizens are forced to go to these lengths just to get information about one of these installations. If we had a proper regulation scheme then obviously the City would know how to get in touch with the appropriate persons.”
Wireless towers are for the good of the public. Just like telephone poles, freeways, and airports they need to be installed so that the public can do their business.
There is no evidence that the towers cause any harm and therefore it is legally forbidden to use that as a reason against their installation. People want to talk on cell phones everywhere and that trumps individual rights.
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