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   CELL TOWER SITING LEGAL ISSUES AND REPORTS BY JANE CELLTOWER.  



JANE CELLTOWER'S DAIRY KEEPS YOU INFORM OF TOWER SITING PROBLEMS

 

This page is currently under construction as of March 2012....

THE JANE CELLTOWER DIARY

 

By Jane Celltower

 

Febuary 8, 2010, 12:18 AM:  Date Of Jane Celltower's First Diary Entry. 

Please Note:

NEUTRAL REPORTAGE:  Jane Celltower define's "Neutral Reportage," not implying an offending statement is true, but simply reporting in her Diary, in a neutral manner  that the potentially libelous statements were made even if they doubt the accuracy of the statement.  As such Jane Celltower's reporting is unbaised in every method, statement, and is in the public interest.  Please view the Jane Celltower Disclaimer, for additional information and website policy usage.

 

T-Mobile's desire for 95% indoor, residential coverage for their customer's is not an FCC requirement.  Yet within some of their applications for cell tower sitings, they quote a cell tower is needed to provide 95% indoor T-Mobile cell phone coverage.

Jane Celltower's Legal Note: The FCC confirms need of coverage to only be "that a substantially better than mediocre level of service must be maintain" - 47 U.S.C.  § 27.14 (a)


YOU MET JOE THE PLUMBER...NOW MEET JANE CELLTOWER...

Jane Celltower (an alias name which serves to represent the average John or Jane in the dark concerning cell tower sitings) has been an noted researcher and journalist on and off for over two decades.  She has an online  daily Internet reading audience of around 14,000 and climbing per day!  This is her online diary, containing first hand account research regarding cell phone tower sitings within residential and school property areas.  Ms. Celltower research savy, knowledge, and voice, inform all Americans of the right to legal protest of illegal, deceptive tower siting applications and zoning/building approvals.  Jane Celltower states in confidence, "That is what 'Tea Party' lobbying efforts are all about!"

"We Need Local Commissioners  And Government Authority To Represent Both Citizen And Community Interests.   On the local, state, and national levels.  Cractt Goals Are To Help Educate Both Community And Citizen Alike.  Keeping Our Freedom Intact, With An Ever Present Eye And Hope, On Future Prosperity And Growth,"  -  Jane Celltower

The Cractt website is a grassroot lobbying effort started by less than a handful of  people, who learned of a Georgia government zoning and building department's attempt to conceal the building of 150 foot "stealth" cell monotower in a residential subdivision, from the general public, and nearby residential property home owners.   No public meeting, no rezoning signs posted on said land in question, no county Internet information/posted, no press release, and no notice of any kind was given to the surrounding, unsuspecting public.  Breach of local ordinance, Georgia Zoning Procedure Laws, Georgia and United States Constitutions (5th and 14th Amendments) did occur. 

 

THE JANE CELLTOWER DIARY AND ONGOING NEWS RESEARCH STORY IS REAL, BAZAAR, AND LIVE IN ONLINE DETAIL AND ACCOUNT

 

"Learning through research of cell tower siting deception and fraud, I felt a sudden affiinity with Erin Brochovich's story.  A kinship I couldn't explain.  She uncovered deception, fraud, and secrets too bazaar and daunting to ever fully understand.  Yet sadly, they turned out to be true.  When I first saw cell monopole towers made of industrial-commercial steel within residential and school property areas, the shock was overwhemling.  I could hardly believe what I was seeing, yet there before me were the facts, happening all across America.  Monotower was a word I never even knew existed, until that gloomy Sunday afternoon on January 31, 2010, when I first learned of cell tower sitings in residential areas, dispite legal protests of area property owners.   

 

"Shouting a victory for 21st Century greed, corrporate power, local government take-over,  fraud, and deception, the Monotowers and cell towers stood tall and strangely proud.  Then I thought what the heck, if Erin Brochovich could do it, I can too.    I took that small pebble of inspiration, placing it in the slingshot of my mental thought process, allowing God to control my aim, and hit my target.  That was the day the inspiration for 'Cractt' was born. 

 

"Cractt being both an acronym, and a word.  Citizen's Rights Against Cell Tower Take-Over (Cracitt).  An example of the word 'cractt' used in a sentence.  'The President of the Cell Phone corrporation acts like a cractt.  His bureaucratic red tape is confusing to legal attorney's, let alone the average John or Jane Doe who he deceives to sign the rezoning-building cell tower siting waiver.  He's making a fortune, because the little guy with little money, and very little education, can't fight the big legal battle of corporate cell phone companies and lack of local government action, allowing cell tower take over of residental and/or school property."  -  Jane Celltower, Febuary 8, 2010.

 

NIGHTMARE ON BURR STREET

Is this story really so strange?  

According to the New York Times Article, "Neighbors on Cell Tower Plan: Not in Your Backyard, Either,"  by Alison Leigh Cowan, Easton, Conn., October 27, 2003, a celltower going up within a resident's backyards is a worrisome sursprise, but it does happen.  The Connecticut Siting Council in Harford can stop a tower, and recent news reported the Council has increased efforts to do so, as I reported on our News Page.  However, a cell phone tower that is about 10 stories high is difficult to miss.  In nearby Westport, where the state law was most recently tested and upheld, Verizon bought a vacant house at 2 Sunny Lane to sit a 130 foot tower.  The town sued, and help poured in from the Connecticut Council of Municipalities and the state attorney general, to no avail.  Lorcan O'Conner bought the house next door two months before Verizon won the court case.  O'Conner is quoted as asking, "How do you throw up a cell phone tower in someone's backyard?  This is a residential area." 

 

In Easton, Jane DeCourt woke up to find Sprint PCS planning to put up a 150 foot tower across the street in Ronald and Karen Kowalski's backyard.  To which the Kowalskis declined to comment about in the for Cowan's New York Time's article.  DeCourt summed up the entire story well, using four words, "Nightmare on Burr Street." 

 ______________________________________________________________

 

THE CELL TOWER SITING APPLICATION NOTIFICATION PROCESS...IF YOUR LOCAL AREA ORDINANCE REQUIRES ONE. 

 

LACK OF NOTIFICATION AND ACCESS ROAD COMPLAINTS:

PANAMA CITY NEWS HEARLD REPORTED ON 3-7-2011, BY WRITER FELICIA KITZMILLER, "CELL TOWER LAWSUIT HEADED TO COURT", WEST BAY:

Bay County's Planning and Zoning Division, Debra Warren-Cook and Dunwoody, Ga. based Highwood Towers LLC (a company specialzing in construction of wirless sites), filled lawsuit March 1 seeking a declararatory judgement against Bay County, Fl..  The lawsuit asks a Judge to reverse the Planning and Zoning Division's decision to deny a permit for the nearly 200-foot tower after neighbors spoke out against the use of a private road to facilitate construction and maintenance of the project.

 

Crooked Creek Drive, a grated road privately owned and maintained by the property owners along the artery, is the only access to the landlocked property from County 388.  After the development of the tower was approved in September, Stephen and Angel Shea, James and Linda Sowell and Scott Dean, of Crooked Creek Drive, appealed the permit, claiming any ateempt to access the proposed site by construction crews would be trespassing.  the Planning and Zoning commission then rescinded the permit.

Dan Shaw stated the need for adjustments in cell phone tower regulations "slid under the radar" until September when a permit was granted to Debra Warren-Cook and Highland Towers LLC, via Crooked Creek Drive access road near the new airport.  One of the major problems with the Crooked Creek tower was that area residents were not notified.  The new tower permitting process requires public hearing prior to siting approval.

 

BELOW IS A COPY OF THE "EXACT" CERTIFIED LETTER SENT MANY GEORGIA PROPERTY OWNERS CONCERNING CELL TOWER SITINGS BY T-MOBILE:

From Company Letterhead - PM&A:

PM&A

30 Mansell Court

Suite  103

Roswell, Ga.    30076

Tel: (407) 473-0638

        (407) 473-1688

 

Dear XXXXXX and XXXXXX HXXXXX

 

Due to the high demand and lack of appropriate wireless connectivity in your immediate area T-Mobile is expanding its network in your vicinity.  This expansion will also probide other carriers the ability to piggyback off T-Mobiles facilities to increase their service level as well.  To accomplish this goal T-Mobile is filing for zoning approval, with XXXXXX County, to build a wireless compound with a monopole to be located at: 11  Xxxxxx Xxxx, Xxxxxxxxx, Ga.  3XXXX.  This compound willhave a XX foot buffer around it and set back to avoid being obtrusive.  We thank you for your time and understanding in this matter.

 

Sincerely

 

Jesse McCoy

Zoning Specialist - M and M Wireless Services

M and M Wireless Services

Agent for T-Mobile/PM&A

12001 Cypress Landing Ave.

Clermont, Fl.   34711

------------------------------------------------------------------

THIS LETTER MAKES USE OF FRAUD AND DECEPTION.

THE RIP OFF...THE DECEPTION, AND FRAUDULENT PRACTICE OF MISREPRESENTATION IN THE NOTIFICATION PROCESS INCLUDES, BUT IS NOT LIMITED TO:

  • No mention that their residential homes would be next to, near, or adjacent to, a very ugly, cheap gravel access road, that is unlit, dark and dangerous, offering an open door to criminal activity.  Yeilding safety issues and concerns. 
  • No mention that the property used for a cell tower site, would be listed on the Internet, with address.  Yielding privacy, protection, saftey issues, and concerns.    
  • No mention that the tower was OVER 150 feet tall, with large, industrial steal, industrial voltage units,with an industrial cement base.  And an Industrial fence to match!
  • No mention the land lease RA (mostly residential) property site, would turn into a commercial/industrial site with at least an 150 foot cell tower. 
  • No mention of the loss of home resale values. 
  • No mention of the health risks due to RF emissions, which according to studies are numerous.  Including, but no limited to, cancer findings.  Again causing a problem with home resale values due to public perception of health risks.
  • No mention the lack of protection against, and increased fear of,  robbery, burglary, arson, theft, rape, and crime opportunity in general.
  • No mention the new cell tower can cause cell phone interference problems if a new tower is sat too close to another cell phone tower.  Interference problems can include: dropped calls, echo and/or metalic, wobble voice effects, loss of sound reception, in and out reception, wave voice reception,  in and out in tone and clairity. 
  • No mention of conflict of property zoning rights.  Lack of inharmonous land use.
  • No mention of the generator noise (use of gas and/or diesel fuel to run the generator), the industrial-commercial base station, workers noise, traffic, banging of cable against the cell tower during windy weather which can sound like loud bombs going off. 

 

FRAUD, TO DEFRAUD DEFINED:

SOURCE:

Farlex Free Dictionary

A false representation of a matter of fact—whether by words or by conduct, by false or misleading allegations, or by concealment of what should have been disclosed—that deceives and is intended to deceive another so that the individual will act upon it to her or his legal injury.

Fraud is commonly understood as dishonesty calculated for advantage. A person who is dishonest may be called a fraud. In the U.S. legal system, fraud is a specific offense with certain features.

 

YOU CAN REPORT CELL PHONE CALL INTERFERENCE PROBLEMS TO THE FCC:


The Spectrum Enforcement Division, in conjunction with the Regional and Field Offices, is responsible for responding to complaints of broadcast station interference that involve violations of the Communications Act, and/or the Commission's rules, orders and station authorizations.

Broadcast stations that believe that they are experiencing interference from other stations and that such interference is the result of Commission rule, order or station authorization violations, may submit their complaints to: Federal Communications Commission, Enforcement Bureau, Spectrum Enforcement Division, 445 12th Street, SW, Washington, DC 20554.

Complaints must be in writing and must include as much of the following information as possible: (1) the call sign and address of the station experiencing the interference, (2) the telephone number of a contact person for the station, (3) the frequency on which the complaining station operates; (4) a detailed description of the nature of the interference, including the duration and frequency of the occurrence of interference; (5) the call sign and address of the station believed to be the source of the interference; (6) the frequency on which the alleged interfering station operates; (7) the provision of the Communications Act, Commission rule, order or station authorization believed to have been violated by the alleged source of the interference, and (8) any documentation supporting the alleged existence and cause of the interference.

FCC CONTACT INFORMATION:

How to Contact the FCC

To Contact the Commissioners via E-mail

Chairman Julius Genachowski: Julius.Genachowski@fcc.gov
Commissioner Michael J. Copps: Michael.Copps@fcc.gov
Commissioner Robert McDowell: Robert.McDowell@fcc.gov
Commissioner Mignon Clyburn: Mignon.Clyburn@fcc.gov
Commissioner Meredith Attwell Baker: Meredith.Baker@fcc.gov


To Provide Non Docketed Comments or Seek Information via E-mail or On-line Form

General information, comments & inquiries: fccinfo@fcc.gov
Complaints: File a Complaint
Freedom of Information Act requests: FOIA@fcc.gov
Comments on FCC Internet services: webmaster@fcc.gov
Elections & political candidate matters: campaignlaw@fcc.gov
Broadcast Information: Broadcast Information Specialists


To Obtain Information via Telephone

1-888-225-5322 (1-888-CALL FCC) Voice: toll-free
1-888-835-5322 (1-888-TELL FCC) TTY: toll-free
1-866-418-0232 FAX: toll-free
(202) 418-1440 Elections & political candidate matters
Broadcast Information Specialists
FCC Phone Directory


United States Postal Service First-Class Mail, Express Mail & Priority Mail

Federal Communications Commission
445 12th Street, SW
Washington, DC 20554

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