2024-09-16 Mark Graham Testimony #4 -Oppose

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From:Mark Graham To:LPCtestimony Subject:Oppose Item #4 Date:Monday, September 16, 2024 3:50:59 AM September 16, 2024 Dear Leeward Planning Commission, As you may know the federal Telecommunications Act of 1996 preserves local zoning authority. But it does so generally, not specifically. How it does this is by saying that other than the specific items mentioned in the TCA the law does not affect local zoning authority. What it takes for a local government such as the County to have and exercise its regulatory power over the permitting and placement of cell towers and antennas is the County has to be deliberate. It has to claim the authority. When you say this is how we are going to handle applications for permits then you have the power to do it that way. Telecom will never tell you this. They will claim the County has no rights per the TCA and has to comply with their demands. Nonsense. You have a lot of zoning authority - as long as you don't give it away in an ordinance that is intended to give it away. I oppose Item #4 because I support Council Member Cindy Evans' proposed telecommunications ordinance, Bill 194, which had already been forwarded to you. The new ordinance proposed by the Director is too sympathetic to the telecommunications industry with not enough protections for our community. It gives almost total power to Planning and Telecom with no other agencies or experts involved! It rushes the approval process to only 30 days! It has no provisions to protect us against 5G small cells! It freely allows towers at schools, playgrounds and day care centers! Please consider Council Member Evans proposed ordinance which has clear, attainable requirements. It is the perfect balance between the health, safety and welfare of the people and the needs of the tech industry. Thank you very much. Mark Graham Founder Keep Cell Antennas Away A local residents' advocacy group www.KeepCellAntennasAway.org