How do you issue an appeal against a proposed cell tower going up within residential property? Go to your city, county, or local government zoning and building department and ask to fill out an appeal request against the building of the proposed cell phone tower. There is usually a cost to file the appeal, with a very small window of opportunity by which to do so. In my Georgia county the appeal process had to be done in 30 days. Of course, I was never notified, thereby I was not granted my Constitutional right to due process. However, if you have been notified of a propossed sitting of a cell phone tower, " time" is of the essence by which you can appeal and state your case before your city or county commissioners, leaders, or zoning board. Getting the appeal process completed is your first order of business.
Next on your agenda, you will need to get a copy of the proposed cell tower's complete legal file (prepare to pay for copies by check, or cash), from your city, county, local government zoning, planning, and/or building department. Note the facts, and refute those facts, with your first hand, documented research. You have to prove the cell tower is not needed, that you have excellent cell phone coverage already, with 911 emergency assist always available. You have to prove the cell phone company can co-locate on an existing cell tower, if they desire to expand. Because there is "no gap" in coverage in your area. You have to show the cell phone company is out to make a commercial investment, with commercial interests. The cell tower being a commerical investment, does not hold the safety and interests of your residential subdivision or your family at heart. You can also prove, according to your local area real estate services, that cell tower's lower property values, due to the asthetic nature of cell towers, and the public's "perception" of health hazards. Notice the word usage "perception," of health hazards. In the United States, a cell tower's EMF and RF emissions health hazard, "cannot" be used in the refusal of a proposed cell tower siting, as stated in theTelecommunications Act- 1996, Section 704. But the public perception of health risks, is another story.Because the public thinks there are health hazards, many will refuse to purchase a home near a cell phone tower. If be the case, dangerous access roads are also problematic and a safety issue for many homeowners. These dangerous access roads also limit your homes resale values, as they provide an open opportunity for criminal activity.
Another important key in the appeal process is to find any discrepancies in the cell phone companies written request to the city, and the city's written legal terms and conditions, per the city or county codes for the sitting of cell phone towers or masts. As noted above, you have to get the entire file copied (part of the Freedom of Information Act), in order to know the facts. These facts often hold the "hidden" key to your legal argument.
Get to know section 704 of the 1996 Telecommunications Act (you can find it online), and you will learn what the cell phone wireless market base much of their case upon. Review Gendale's community effort against T-Mobile by watching "getthecelloutofhere" youtube videos, and review their website : www.getthecelloutofhere.com for additional help tips. Also note wildlife issues (if you live close to a water way), as cell tower's are death to thousands upon thousands of migrating birds. Each proposed cell tower brings additional problems, according to your resdiential area. Know what those problems are, and present your appeal case, refuting the cell tower siting in your residential neighborhood with facts. Google and search online to learn more about cell tower location sitings in your local area, and state, and search for cell phone towers located in your area (link provided below). Some states have a model celltower siting policy, as did the state of Georgia, which is posted on the Jane Celltower website. You can reference your state zoning siting policy, comparing the states siting policy, to your local siting codes, with differences noted. Safety, security, privacy, and public welfare, should be a top prioty. Double check your facts and references, and go to your area AT&T, T-Mobile, Metro PCS, Sprint store, etc...and see where and how many cell tower's are up and running in your area. Bottom line, "do your homework, learn, read, and research." We at Cractt hope to offer you educational insight, into the local cell phone tower appeal process.
YOU CAN SEARCH FOR CELL PHONE TOWERS WITHIN YOUR AREA WITH THE FOLLOWING HELP LINKS:
Attorney Kirk R Wines (Medina County Winning Cell Tower Case), writes,"Every effort needs to be made to work with the industry, and to oppose it where necessary, in order to require the industry to develop an infrastructure which does not necessarily impact property values or the quality of life. ...prepare to go to legislature. Ask them to allow these facilities on all state rights-of-way. Try to keep track of innovactive providers. You can call 1 800 Unisite for a company that will install a tower on city property co-locate all of the wireless providers in one location and share rent with you for the space."
CELL TOWER CAUSES DEATH TO MIGRATING BIRDS NEAR WATERWAYS - PROTECT HISTORICAL DISTRICTS AND WILDLIFE
In relation to cell tower's causing death to migrating birds in path to waterways, Jane Grant provides excellent educational zoning advice, "Brevard County, Florida recently passed a model ordinance for bird-friendly sitting and construction of communication towers Incorporating many guidelines. In our area such matters of planning and zoning are the concern of the local municipalitiies. Individual municipalities can halp achieve better protection of migratory birds by being aware of the USFWS guidelines when considering applications for new communication towers, or by passing ordinances that include the measures advised in the guidelinees as Breward County has done."
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