spacer.gif (807 bytes)
Click on Logo to go to home page.

Cell Phone Towers

0.gif (10272 bytes)
About Us Advocacy Calendar Contact Us Links Join NYNJTC
News Outreach Publications Trails Viewpoint Volunteer

 

Q&A
NY A.7546
Some pictures

Cell phone towers are one of the many forms of visual pollution that degrade the views from hiking trails. Numerous hiking and environmental groups are working on the problems of making sure they are sited in environmentally friendly ways.

One chapter by Jeff Anzavino of Scenic Hudson.

See also the publishers pages.

 

 

Q&A about towers (answers provided by Andrew Hyman, ATC)

  1. Tower applications have to be considered on a case by case basis instead of optimizing a group of towers. (false)
    I think your local officials may have gotten the wrong idea about whether they are allowed by federal law to look at the "big picture" instead of focusing only on individual applications. Congress said the following when it passed the Telecom Act in 1996: "Actions taken by State or local governments shall not prohibit or have the effect of prohibiting the placement, construction or modification of personal wireless services. It is the intent of this section that bans or policies that have the effect of banning personal wireless services or facilities not be allowed and that decisions be made on a case-by-case basis." H.R. Conf. Rep. No. 104-458 at 208, reprinted in 1996 U.S. Code Cong. & Admin. News at 222.

    The mere fact that decisions must be made on a case-by-case basis does not prevent towns from enacting wireless ordinances that are based on cooperative planning with the wireless companies. It does not prevent towns from having ordinances that require tower applicants to prove that there are no technical alternatives to putting a tower within view of parks and scenic trails. See Cape Cod Commission's wireless site.

  2. Does living near a tower increase the probability of lightening strikes on your property?
    Unknown. People are looking into the problem. It may be a useful defense for homeowners if true.
  3. Does the law require that towns put up with bad technology choices?
    In a word, yes. The kind of technology used by Sprint is covered by the federal law which says towns cannot "prohibit wireless service." But, the federal law also gives towns a lot of flexibility in how they regulate placement of antenna towers.
  4. Does a decreased assessment of property values due to the presence of a near-by tower help the homeowner?
    Rarely will diminution of property values be a good enough reason for permit rejection.

ADIRONDACK MOUNTAIN CLUB
NEW YORK - NEW JERSEY TRAIL CONFERENCE
MEMORANDUM OF SUPPORT

Bill: A. 7546 By Assemblyman Kevin Cahill
Status: Assembly Committee on Local Governments
Title: AN ACT to amend the general municipal law, in relation to enacting the wireless facility siting act and to provide for the placement, construction and modification of wireless service facilities

Statement of Support:

The Adirondack Mountain Club and the New York New Jersey Trail Conference strongly support this legislation which establishes minimum procedures and requirements for the siting of wireless service towers and infrastructure for municipalities that do not choose to enact local laws governing the siting of telecommunications equipment

The bill provides for local governments to conduct their review and approval process in compliance with the State Environmental Quality Review Act. It fully complies with the zoning authority preserved for states and local governments by of the Telecommunications Act of 1996. The federal law states that "nothing in the act shall limit or effect the authority of a state or local government over decisions regarding the placement, construction or modification of personal wireless facilities."

Of particular importance to ADK and the Trail Conference is the legislation's provision, which allows local governments to consider and base siting decisions on a tower's effect on local historic sights and scenic vistas. This siting criteria recognizes scenic resources as a value to our communities, one which, in the long run, often contributes to their character and assessed value.

Accordingly, the Adirondack Mountain Club and the New York/New Jersey Trail Conference strongly support the passage of A. 7546. These organizations, united in partnership, are dedicated to conservation, education, outdoor recreation and protection of the New York's Forest Preserve, parks, wild lands and waters. Together, they represent over 70 clubs and over 100,000 hikers, paddlers, skiers and backpackers.

For information contact: ADK Office of Public Affairs at (518) 449-3870.


Home
Site Map

Last updated: 01/14/02   Copyright © 1996-1999  New York-New Jersey Trail Conference Privacy Statement. Site search by FreeFind.