BRT Group, LLC, on behalf of T-Mobile, filed a federal lawsuit against the city of Springfield, MO on April 12, after officials halted a plan to build a new 180-foot tower, reported the Springfield News Leader.
BRT alleges that state and federal laws were violated when City Council members discussed “improper” issues during public meetings, including referring to towers as “an eyesore,” questioning the necessity of another T-Mobile tower and suggesting the city look into requiring co-location. Additionally, the city failed to provide a formal written explanation for the reasoning behind the denial.
The lawsuit also argues that the application should already be approved because of City Council’s failure to make a decision in a timely manner, beyond the 120 days required by law.
The News Leader reported that no members of the public spoke in opposition to the tower project during public meetings, however, some City Council members did. Councilwoman Phyllis Ferguson said the proposed tower site is next to a residential neighborhood and expressed concern for neighbors who would have to see the tower every day.
“You know, the poverty rate in that area that you want to put that at is between 25 and 30 percent. Many of them don’t even have broadband services or internet services. So, I’m not quite sure how that’s going to serve that area,” said Ferguson.
Councilman Craig Hosmer noted, “We should require somehow for carriers to have as many people on those poles as possible. So, we’re not building separate poles all over the city. Because I think it is an eyesore … If multiple carriers can use the same pole, why not?”
Supporters had said the law is necessary to encourage the expansion of wireless broadband and will not interfere with local regulations.
April 24, 2018
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