CIty of Boise – Zoning Code Rewrite – Cell Tower Ordinance – Your Hands Are Not Tied!

Call to Action!

The City of Boise is releasing Draft Zoning Code Rewrite.  The City is requesting public comment and holding its last Community Conversations Date: November 16, 2022 @ 7:30pm.  Location: Ada County Library, 10664 W. Victory Rd., Boise. Please attend this last meeting and let the City of Boise know how you feel about the cell tower rollout.

Send an email to the City of Boise and let them know how you feel about the uncontrolled cell tower rollout.  Tell them that you support the views of Idahoans for Safe Technology and, if Ada County can regulate cell towers, Boise can, too.  Include the four bullet point request at the bottom of this page, along with a link to this page.

Email: citycouncil@cityofboise.org, zoningrewrite@cityofboise.org, tkeane@cityofboise.org, idahoansforsafetechnology@gmail.com

Letter to the City of Boise

November 4, 2022

Re: Boise Code Rewrite – Cell Tower Regulations – Your Hands Are Not Tied

To: Timothy Keane

City of Boise

Director of Planning & Development

Cc: citycouncil@cityofboise.org, zoningrewrite@cityofboise.org

 

Dear Mr. Keane,

Thank you for your time at last night’s Community Conversation regarding the Boise Code Rewrite.

As I stated last night and many times over the past couple of years to city leaders and staff,  RF Radiation from Cell Towers has been scientifically  proven to be harmful to humans and the environment.   See Best  Wireless Information for Public Officials.  We want the City of Boise to take action and protect its citizens with a comprehensive wireless ordinance that minimizes RF radiation to the greatest extent possible while still providing “safe” wireless telecommunication services to the entire community.

The City of Boise’s position on regulating cell tower placement has been, “Our hands are tied by the FCC & 1996 TCA there is nothing we can do”.   The Boise City Council approved the current draft wireless ordinance based on this position. See  Nov 30th 2021 Boise City Council – Evening Session – Timestamp 1:53.01.  As a result the cities current draft wireless ordinance is an atrocity that has been stripped of protective regulations.  City of Boise staff continues to echo this position.

On August 10th, 2022 the Ada County Commissioners denied their second cell tower application, this one was in Star, Idaho.   See Board of County Commissioners Finding of Fact, Conclusion of Law And Order – Page 5 & 6 and 100 Ft Cell Tower in Star, Idaho. The tower applicants “significant gap in coverage claim” and “phony propagation maps” were challenged by local citizens.  The Ada County Commissioners denied the application, based on the applicants failure to demonstrate a significant gap in coverage .  As per 47 USC § 332(a)(7)(B)(v) the tower applicant had 30 day from the time of the final ruling to commence an action in court, and never did.   Therefore Ada County has disproved The City of Boise “My Hands A Tied” position.

The success of the second denial was resulted of what was learned in  2019 when the Ada County Commissioners  denied their first cell tower at Sky View Ln in Eagle.  With-in the 30 day time frame, the tower applicant took Ada County to federal court and the Commissioner’s ruling was overturned based on one crucial missing piece of information.  Ada County and its Citizens did not challenge the “Significant Gap In Coverage” claim from the applicant.  See Nov 7, 2019 Ada County Consent Order and Judgement.  Page 3 to 5 explain why Ada Counties finding were overturned.

On August 31st, 2021 and June 14th, 2021 Boise City Council and Planning and Zoning Commission were asked via Appeal Rec’s 6-24-2021 to deny  CUP21-00015 – BOI BSU Campus ROW SC 21 – VZW Small Cell Verizon Wireless is proposing to place a small cell wireless facility in the Public Right-of-Way 40 N Owyhee St.  The appeal was based on the applicants failure to prove a Significant Gap in Coverage.  See IFST Request for CUP Denial.   The city claimed that “their hands are tied” and denied the appeal.

We contest that 40 N Owyhee St small cell tower application and hundreds of others have been approved by the City of Boise because they were lead to believe that their hands were tied and they could do nothing.  Therefore we are requesting the City of Boise take the following actions:

  1. Stop approving all Wireless Communication facility applications.  There are NO Significant Gaps in telecommunication services in the city of Boise.   This can be accomplished by deeming all Wireless Communications Facilities permit applications incomplete until after there is substantial written evidence in the record proving the FCC completed the court mandated work in these two cases: Keetoowah Band of Cherokee Indians v. FCC, Case #18-1129, (D.C. Cir.) and CHD/EHT et al. v FCC, Case #20-1025. (D.C. Cir).
  2. Do not pass the current draft wireless ordinance and adopting a more protective ordinance similar to Dalton Gardens, ID.  See Dalton Gardens, ID – Model Cell Tower Ordinace.
  3. Hire a professional RF engineer to perform a comprehensive review of all Wireless Facility applications that have been approved by the City from 2019 to present.  Review “Propagation Maps” and “Significant Gap in Coverage Claims” with the same scrutiny that Ada County has done.   Then take appropriate action against all applicants that submitted misleading or fraudulent information.
  4. Educate City staff on this information so they are better informed when addressing the public.  Make it known that the City of Boise can regulate cell towers and their hands are not tied anymore thanks to the Ada County Commissioners.

 

Best Regards,

Hank Allen

Idahoans For Safe Technology