While it did not ban existing digital service, the Town Council of Fountain Hills, AZ has declared a moratorium on future 5G development. According to the Fountain Hills Times, the 4-3 vote set in motion a resolution that will require “all utilities operating in the Town of Fountain Hills …to cease and desist the build out of so-called ‘5G’ wireless infrastructure” until January 31, 2024.
The Town Council decreed that “equipment and method of service delivery of communications not protected in the 1996 Telecommunications Act (services other than Cellular Type II communications), are delivered via methods that do not devalue property values and are deemed safe to the environment and human health with the completion of an FCC NEPA review for the location of Fountain Hills.”
Upon learning of the moratorium, AT&T wrote a letter stating, “We have concerns that this motion will hamper AT&T’s ability to meet our customers’ expectations for superior wireless service and to deploy the latest technology to the residents of Fountain Hills, in addition to adversely affecting public safety.”
In his written response to the Town Council, Town Attorney Aaron Arnson advised that despite the town’s intentions, federal and state laws will supersede local rulings. He explained that the town may actually be shooting itself in the foot by attempting to establish rules that interfere with shot clocks regulations, according to the Fountain Hills Times.
There is nothing to stop a wireless provider from applying for a permit, but the new resolution prohibits the Town Council from acting on the request. Once the moratorium expires, cautioned Arnson, the approval will be automatic as the shot clock time limits will have expired and Fountain Hills will not be able to weigh in.
Those voting in favor of the moratorium said they were responding to the concerns of citizens who expressed fears that 5G presented a health hazard. The Fountain Hills Times quoted several residents whose chief concerns seemed to be allowing more time to study 5G, which they believed the moratorium would allow.
However, residents like Ted Blank did not support the moratorium and suggested that the council “follow the science.” Blank said he believed there was already adequate research to indicate that digital communications do not cause cancer. Councilwoman Sharron Grzybowski voted against the measure, citing research that indicates that 5G bandwidths are actually safer than the radiation emissions generated from microwave ovens and WiFi.
“We have directed the Town Attorney to get outside counsel to assist in considering regulations and ordinance changes. This is premature,” said Mayor Ginny Dickey. He explained that no applications are pending. “We need to be better educated,” said Dickey. “I do not want to vote for something that is ineffective. I am confident that our discussions will indicate things we can do to strengthen our ordinance.”
Responding to accusations that an outside attorney consulted by Arnson was actually a telecom lawyer, Arnson responded, “The individual retained to address the council June 6 does not work for the telecom industry. When we do something in our office, we take to heart the interest of the Town.”
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