When a new antenna is added to an existing pole, is that an acceptable modification or significant change? That’s at the heart of a dispute between Crown Castle and some Malibu, California residents.
The dispute between the city, residents and the wireless infrastructure developer has been on-going for years. The Malibu Planning Commission earlier this week approved Crown’s plan to install a telecom facility on Harvester Road, reports Malibu Surfside News. In response to residents’ opposition, Planning Commissioner Mikke Pierson said, “We’ve had a number of these cases come before us, and nobody wants [a telecom facility] in their front yard.”
However, the commission believes Crown Castle’s plan qualifies as an “eligible facilities request” under the Spectrum Act. The federal law prohibits state and local governments from denying requests to modify existing wireless towers or base stations when plans do not substantially change the physical dimensions of the facility, according to Malibu Surfside News.
Crown Castle originally applied in 2013, to install a new 2-foot tall by 7.5-inch omnidirectional antenna to an existing 28-foot, eight-inch utility pole at the same height; the installation of supporting electrical support gear was also included in the application.
The Malibu Planning Department approved the application that November. Residents appealed, citing noise, lower property values and aesthetics.
The Malibu City Council then killed the plan and Crown sued the city, according to the account. Malibu and Crown took part in federal court mediation in an effort to resolve the dispute. They agreed to a conditional settlement that stayed litigation until November 7, of this year.
Crown has now submitted a new site plan application to install a 2-foot tall by 7.5-inch antenna attached to an existing 34-foot tall utility pole at a height of 38-feet, 8 inches. The new plan is in a public right-of-way, according to the account.
Some residents still oppose the project; one said at the meeting, “Do any of you have an antenna 63 feet from your home?” Appeals of the resolution must be sent to the City Clerk within 10 days.
If the city approves the resolution, Crown will dismiss the lawsuit.
October 20, 2016
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