Bucking the System: Ordinance Challenges Verizon Tower

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Verizon Wireless recently erected an 80-foot “evergreen” monopine in Columbus, Nebraska’s Glur Park, resulting in pushback by residents, reported The Columbus Telegram.

Now, city staff members are presenting an ordinance “aimed at protecting the health and safety of residents and preserving the character of neighborhoods,” plus putting an emphasis on co-locating. However, this will change the rules for wireless providers. Moss & Barnett, a law firm representing Verizon, called the 26-page ordinance unnecessarily onerous and said it could lead to “contentious battles” with wireless communication providers, reported The Columbus Telegram.

The new ordinance proposed putting The Center for Municipal Solutions in charge of reviewing applications for wireless communication facilities before a recommendation is sent to the city council for consideration. According to City Administrator Tara Vasicek, this will “slow down the process” and give everyone involved more time to understand the full scope of a project.   

However, Verizon sees it much differently. Moss & Barnett said the ordinance creates an “unduly complicated application process” that adds thousands of dollars in project costs and threatens to delay or halt future upgrades to wireless systems. The firm also noted that The Center for Municipal Solutions’ involvement in other jurisdictions “had a direct, negative impact” on wireless service improvements.

Additionally, the city has contracted with an Omaha consulting firm to create the wireless communications ordinance. The ordinance requires wireless companies to provide an $8,500 escrow when submitting an application, used to cover the group’s consulting fees. It also increases the cost for a special use permit for a tower from $100 to $3,000 for a new facility and $1,000 for a modification or co-location, according to The Columbus Telegram.

As a next step, a public hearing will be held as part of the permitting process. Moss & Barnett encouraged the city to avoid using the “cookie-cutter” ordinance but local officials don’t seem concerned about the preferences of the wireless industry.

November 16, 2017

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