Request for Application Denial – Item #5. 201800626-CU-TE; – Broad Level Time Extension – Cell Tower at 1099 1/2 Deer Flat Rd. Kuna, ID- 6/2/21

Request for Application Denial.

On behalf of Idahoans for Safe Technology Foundation, We are requesting that Ada County Commissioner Deny the below conditional use application based on information provided below.

BOARD OF ADA COUNTY COMMISSIONERS
PUBLIC HEARING AGENDA
WEDNESDAY, JUNE 2, 2021
6:00 PM

New Business

5. 201800626-CU-TE; Maverick Towers: A Board level Time Extension for a conditional use to construct a 110 foot tall cell tower with lease area. The property is located at 1099 1/2 E. Deer Flat Rd. and contains .72 acres; Section 24, T.2N, R.1W.

Staff Recommendation: Approval
Staff: Brent Danielson (208) 287-7913

Telecommunications Act of 1996 (1996-TCA) . . . also known as Section 704 from Senate Bill 652,

47 USC § 332(a)(7)(A)

General authority. — Except as provided in this paragraph, nothing in this Act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities.

47 USC § 332(a)(7)(B)

  • (i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government shall not prohibit
    • functionally equivalent services
    • personal wireless services
  • (ii) State or local government shall act on any request for place, construct, or modify personal wireless service facilities within a reasonable period of time
  • (iii) Decision by a State or local government to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record.
  • (iv) No State or local government may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions
  • (v) Any person adversely affected by any final action or failure to act by a State or local government or any instrumentality thereof that is inconsistent with this subparagraph may, within 30 days after such action or failure to act, commence an action in any court of competent jurisdiction. The court shall hear and decide such action on an expedited basis. Any person adversely affected by an act or failure to act by a State or local government or any instrumentality thereof that is inconsistent with clause (iv) may petition the Commission for relief.

Links for more info: 

Reading the Law: 1996 Telecommunications Act

Interview with cell Tower attorney Andrew Campanelli.

Services Regulated by the FCC

Quoting from Judge Millett’s Ruling in Case No. 18-1051, Mozilla et al. v FCC

” The 1996 Telecommunications Act creates two potential classifications for broadband Internet: ‘telecommunications services’ under Title II of the Act and ‘information services’ under Title I.

  • Title II [telecommunications service] entails common carrier status, see 47 U.S.C. § 153(51) (defining “telecommunications carrier”), and triggers an array of statutory restrictions and requirements
  • Title I “information services” are exempted from common carriage status and, hence, Title II regulation.

The judge’s discussion then continues onto mobile service, showing that the FCC’s Restoring Internet Freedom Order, 33 FCC Rcd. 311 (“2018 Order”) classified broadband Internet as an “information service,” see 2018 Order ¶¶ 26–64, and mobile broadband as a “private mobile service,” see id. ¶¶ 65–85 . . . therefore the only wireless service that remains as regulated Title II is wireless phone call service.

Link to more info: 

How to Prohibit 4G & 5G in your city

Coverage Maps from Three Leading “Wireless” Carriers

 

 

 

 

All three carriers offer basic “Telecommunication services” to this location.  There is No significant gap in coverage, therefore there is no need for an additional wireless cell tower!

Find carriers coverage maps at  Verizon, T-mobile & AT&T.com.

Existing “Wired” Broadband Carriers and Coverage Map.

 

This location already offers superior wired DSL, Cable, or Fiberoptic broadband,there is no need for additional 4G or 5G wireless broadband.

Find broadband services providers at BroadbandNow.com.

Conclusion

All three leading wireless carriers have sufficient towers and infrastructure in place to provide basic phone and texting  “Telecommunications Service” to this location with no significant gap in coverage.  In addition, this location is already hardwired for superior broadband “Information services”.   Therefore an additional tower is NOT need at this location.   Application Denied

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