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HomeMy WebLinkAbout2023-12-06 Applicant's Response to Colleen Conifer's Petition for Standing T RENEGADE TI TOWERS, LLC December 6, 2023 Mr. Dennis Lin, Chair Windward Planning Commission County Of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 To The Honorable Chairman Lin, This letter is in response to Colleen Conifer's Petition for Standing. We believe standing should not be granted because the issues raised in the petition lack the merit needed for a further hearing as outlined in detail below: Along with a few additional ancillary issues raised in the Petition, the petitions main thrust can best be summarized by its own statement: Petition: "We,the undersigned, strongly oppose the construction and installation of ANOTHER cell tower in our neighborhood near schools,parks, churches and other community gathering places. There is a negative impact on the residents including health, safety, and property values." Response: Health The Telecom Act of 1996 and the FCC prohibit local jurisdictions from denying an application based on health and safety. The FCC has numerous rules regarding EMF limits and uses. AT&T and all other carriers take radio frequency safety seriously and strictly comply with all federal rules on EMF and RE The FCC regulates EMF emissions and publishes a brochure with frequently asked questions which is attached for additional information. In the attached brochure, it states "An ERP of 100 watts corresponds to an actual radiated power of 5-10 watts, depending on the type of antenna used. In urban areas, cell sites commonly emit an ERP of 10 watts per channel or less. For PCS cell sites, even lower ERPs are typical. As with all forms of electromagnetic energy, the power density from a cellular or PCS transmitter rapidly decreases as distance from the antenna increases. 6710 Elverton Drive • Oakland, CA • 94611• PH (415)-609-0099 T RENEGADE �I TOWERS, LLC Consequently, normal ground-level exposure is much less than the exposure that might be encountered if one were very close to the antenna and in its main transmitted beam. Measurements made near typical cellular and PCS cell sites have shown that ground-level power densities are well below the exposure limits recommended by RF/microwave safety standards used by the FCC." Safety Cellular towers are necessary to provide service and wireless phone and internet service is a critical component of emergency safety. Currently, greater than 80% of the 911 calls originate on mobile phones. Response times have been greatly reduced, and health outcomes from emergency responses improve due to quicker response times. To that point, this tower is designated as part of AT&T's partnership with FirstNet Network Authority. AT&T is building the first nationwide wireless broadband network dedicated to first responders for use in disasters and emergencies. Please see the attached letter from AT&T stating this site is part of that network. Please also note that the Ocean View area is within zone 2 of the lava-flow mapping from the USGS. The petition cites fire risk as their only non-EMF related safety concern, citing five instances where a cell tower caught fire. There are currently more than 320,000 communication facilities in the United States alone, so the instance of fire is very low—lower than other commercial or residential fire risk. Most importantly, the reasons for those fires were not related to its use as a cell tower, but rather caused by faulty wiring. The site will be constructed in compliance with all state and local building and fire ordinances and we have not experienced any fires at any of our facilities in our eighteen years of developing sites. Property Values While the property value argument to oppose communication facilities has been raised numerous times, research fails to support this argument. In fact, the vast majority of recent studies indicate that homebuyers prefer living in areas with good wireless phone and internet coverage and that home prices may be improved by better coverage as a consequence of this preference. Money Magazine reports that a new study from RootMetrics reveals that US adults buying a new home care more about good cell phone reception than even the quality of the neighborhood schools. The survey of 2000 Americans found that 60%ranked good school districts as important compared to 76%that wanted good wireless connectivity. Similarly, Whistleout writes: "how important is it to compare cell phone coverage at a new home? For a majority of Americans (73%), network coverage is very important. Movers don't want to relocate and find 6710 Elverton Drive • Oakland, CA • 94611• PH (415)-609-0099 T RENEGADE TI TOWERS, LLC themselves with one bar of service and not able to connect to their friends and family." They went on to find that"nearly all Americans surveyed (95%) say it's important to have excellent cell service coverage at a new home." Even a current analysis of the Ocean View prices fail to support the claim that the existing 150 ft lattice tower communication facility at the corner of Palm Parkway and Reef has a negative impact on property values. A comparison of land sales from an area around the tower compared to sales from just over 1 mile to the east and 1 mile to the west show no impact. See attached. Petition: The Petition also states that the location should be denied due to its proximity to parks, churches and other gathering places. Response: As the Planning Dept is well aware, cellular towers are often located directly on school,park and church properties. This proximity is due to the use, capacity, and coverage needed by the community around such properties. Further,to recognize any limitation created by these properties due to the"well-being" of the community is a violation of the Telecom Act for the reasons provided above. Petition: The Petition also raises the issue of the Service Area and aesthetics. Response: The site was designed to serve an area that currently lacks service. The AT&T coverage maps clearly show a lack of existing coverage in the area. Due to the cost of a facility, there is no interest in placing a tower where coverage currently exists. While AT&T will be the initial carrier to use the facility, the search area was also coordinated with engineering from T- Mobile. Antennas must have line of sight to provide quality coverage. Given the coverage maps and interest from multiple carriers,we do not believe the statements on coverage are accurate. Further, we are aware of many dropped calls and/or inability to connect to the network within the coverage area for the proposed site. Spotty or inconsistent coverage travelling from distant towers may allow access to the network at times, but it is not sufficient coverage, especially for the FirstNet network requirements. It is also inaccurate to state that the purpose of the proposed facility is to benefit the Rancho community on the ocean side of the highway. The reason to locate the tower at a higher elevation is that signal travels down elevation much better than signal going upslope. The reason to locate the tower at its proposed location is that it will benefit both communities. Whereas locating a tower on the south side of the highway will improve coverage to the Rancho community but will not serve the Ocean view community due to its higher elevation. Locating the site to the south will 6710 Elverton Drive • Oakland, CA • 94611• PH (415)-609-0099 T RENEGADE TI TOWERS, LLC leave a dead spot within the Ocean View community that will still require an additional facility to resolve. As provided, we believe the Petition should be denied as it fails to provide an issue that can't be fully discussed and adjudicated at the December 7, 2023, hearing. Sincerely, -4c4ll- Danette Martin Consultant for Renegade Towers 6710 Elverton Drive • Oakland, CA • 94611• PH (415)-609-0099 r • r FCC Consumer Facts Background Background (cont'd.) Primary antennas for transmitting wireless Consequently, normal ground-level exposure is telephone service, including cellular and Personal much less than the exposure that might be Communications Service (PCS), are usually encountered if one were very close to the located outdoors on towers, water tanks and other antenna and in its main transmitted beam. elevated structures like rooftops and sides of Measurements made near typical cellular and buildings. The combination of antenna towers PCS cell sites have shown that ground-level and associated electronic equipment is referred to power densities are well below the exposure as a "cellular or PCS cell site" or "base station." limits recommended by RF/microwave safety Cellular or PCS cell site towers are typically 50- standards used by the FCC. 200 feet high. Antennas are usually arranged in groups of three, with one antenna in each group Guidelines used to transmit signals to mobile units, and the other two antennas used to receive signals from In 1996, the FCC adopted updated guidelines mobile units. for evaluating human exposure to RF fields from fixed transmitting antennas such as those At a cell site, the total radio frequency (RF) used for cellular and PCS cell sites. The power that can be transmitted from each FCC's guidelines are identical to those transmitting antenna depends on the number recommended by the National Council on of radio channels (transmitters) that have Radiation Protection and Measurements been authorized by the Federal Communications (NCRP), a non-profit corporation chartered by Commission (FCC) and the power of each Congress to develop information and transmitter. Although the FCC permits an recommendations concerning radiation effective radiated power (ERP) of up to 500 watts protection. The FCC's guidelines also per channel (depending on the tower height), the resemble the 1992 guidelines recommended majority of cellular or PCS cell sites in urban and by the Institute of Electrical and Electronics suburban areas operate at an ERP of 100 watts Engineers (IEEE), a non-profit technical and per channel or less. professional engineering society, and endorsed by the American National Standards An ERP of 100 watts corresponds to an actual Institute (ANSI), a nonprofit, privately-funded radiated power of 5-10 watts, depending on the membership organization that coordinates type of antenna used. In urban areas, cell sites development of voluntary national standards in commonly emit an ERP of 10 watts per channel or the United States. less. For PCS cell sites, even lower ERPs are typical. As with all forms of electromagnetic energy, the power density from a cellular or PCS transmitter rapidly decreases as distance from the antenna increases. (More) CFCC Federal Communications Commission . Consumer& Governmental Affairs Bureau 445 12th St.,SW • Washington,DC 20554 1-888-CALL-FCC (1-888-225-5322) TTY: 1-888-TELL-FCC (1-888-835-5322) • Fax 1-866-418-0232 . www.fcc.gov/cgb _ 2 Guidelines (cont'd.) For More Information In the case of cellular and PCS cell site For more information on RF exposure, you can transmitters, the FCC's RF exposure guidelines visit the FCC's RF Safety website at recommend a maximum permissible exposure www.fcc.gov/oet/rfsafety. For further level to the general public of approximately 580 information about this issue or any other microwatts per square centimeter. This limit is telecommunications-related issues, visit the many times greater than RF levels typically FCC's Consumer & Governmental Affairs Bureau found near the base of cellular or PCS cell site website at www.fcc.gov/consumer- towers or in the vicinity of other, lower-powered governmental-affairs-bureau, or contact the cell site transmitters. FCC's Consumer Center by calling 1-888-CALL- FCC (1-888-225-5322) voice or 1-888-TELL-FCC Calculations corresponding to a "worst-case" (1-888-835-5322) TTY; faxing 1-866-418-0232; situation (all transmitters operating or writing to: simultaneously and continuously at the maximum licensed power) show that, in order to Federal Communications Commission be exposed to RF levels near the FCC's Consumer & Governmental Affairs Bureau guidelines, an individual would essentially have Consumer Inquiry and Complaints Division to remain in the main transmitting beam and 455 12t" Street, SW within a few feet of the antenna for several Washington, DC 20554. minutes or longer. Thus, the possibility that a member of the general public could be exposed to RF levels in excess of the FCC guidelines is extremely remote. When cellular and PCS antennas are mounted on rooftops, RF emissions could exceed higher than desirable guideline levels on the rooftop itself, even though rooftop antennas usually ### operate at lower power levels than free-standing power antennas. Such levels might become an issue for maintenance or other personnel For this or any other consumer publication in an accessible format(electronic ASCII text, Braille,large print working on the rooftop. Exposures exceeding or audio)please write or call us at the address or phone the guidelines levels, however, are only likely to number below, or send an email to FCC5040fcc.pov. be encountered very close to, and directly in front of, the antennas. In such cases, To receive information on this and other FCC consumer precautions such as time limits can avoid topics through the Commission's electronic subscriber service, click on exposure in excess of the guidelines. Individuals www.fcc.pov/cpb/contacts. living or working within the building are not at risk. This document is for consumer education purposes only and is not intended to affect any proceeding or cases involving this subject matter or related issues. CFCC Federal Communications Commission . Consumer& Governmental Affairs Bureau 445 12th St.,SW • Washington,DC 20554 1-888-CALL-FCC (1-888-225-5322) TTY: 1-888-TELL-FCC (1-888-835-5322) Fax 1-866-418-0232 . www.fcc.gov/cgb _ 4100 AT&T December 5, 2023 Windward Planning Commission County of Hawai'i 101 Pauahi Street, Suite 3 Hilo, Hawai'i, 96720 VIA EMAIL—WPCtestimonyC@hawaiicounty.pov RE: AT&T Letter of Support Renegade Tower Conditional Use Permit (PL-USE-2023-000020);TMK: (3)9-2-101:071 Dear Windward Planning Commissioners, On behalf of AT&T, I write in support of Renegade's conditional use permit application to build a 150 ft monopole tower in Ocean View for the purpose of collocating wireless facilities. I am also confirming AT&T's plans to collocate on the proposed tower. A new AT&T facility at the proposed location would expand and enhance AT&T coverage to the entire Ocean View area. This facility would provide much needed data capacity, increase reliability, and improve service for AT&T and FirstNet customers. This site will also improve 9-1-1 reliability for all wireless users, regardless of carrier.' As you may know, FirstNet is the first nationwide communications platform dedicated to public safety.z FirstNet has been widely adopted across the country, including by Hawai'i County public safety agencies. AT&T is responsible for building, maintaining, operating, and upgrading FirstNet as the private sector partner of the FirstNet Network Authority.3 Given the potential benefits this proposed tower will facilitate, we strongly encourage the Windward Planning Commission to approve Renegade's application for a conditional use permit. Thank you for your attention to our written testimony and this application. Sincerely, Lawrence Velasquez Director, Radio Access Network(RAN) and Construction & Engineering—Hawaii AT&T 'Wireless,wireline,and interconnected VOIP service providers must connect all 911 calls and transmit the caller's location information to 911 call centers,911 Reliability I Federal Communications Commission (fcc.gov). z FirstNet is the country's first nationwide communications platform dedicated to public safety that gives first responders access to one highly secure,dedicated, interoperable network and ecosystem supporting voice,data, text,and video communications—technology they need to better communicate and collaborate across agencies and jurisdictions.The FirstNet network spans all 50 states and U.S.territories. In August 2017,the State of Hawai'i opted into the FirstNet Authority plan. 3 The FirstNet Authority is an independent agency within the U.S. Department of Commerce, http://firstnet.gov. ©2023 AT&T Intellectual Property.All rights reserved.AT&T and the Globe logo are registered trademarks of AT&T Intellectual Property. f � b r_ Line Path Polygon Circle D path 3Dr Measure the distance between two points on the ground Map Length: 3.23 Miles .. Ground Length: 3.23 Heading: 115.28 degrees ------------------------------ House Navigation Save Clear �[ t / i. /- / Comp Are'a'�2 �� Comp Area / •Orchitl'Mouse •ocean V ew Fire'Station �Tai?Shan Farms ��9.088730" -155.766476" Fp pole ole � Ocean V ev✓Markel Mamalahoa Hwy Thai Food V eW a-., � Ka Lae Garden ootl List of Recent Land Sales in area of the Existing Tower: (Palm Pkwv and Trade Winds) MLS# TMK Type Status DOM Price Lnd Beds Baths Location Lnd Living Listed By Tnr Area Area 661691 3-9-2-62-66 Land Sold 4 $8,000 Fee TRADE 1 ac Karen E Ingraham-RB RB-19799 Simple WIND BLVD /South Hawaii Realty,LLC RB- 20363 661690 3-9-2-62-65 Land Sold 4 $8,000 Fee TRADE 1 ac Karen E Ingraham-RB RB-19799 Simple WIND BLVD /South Hawaii Realty,LLC RB- 20363 668473 3-9-2-62-6 Land Sold 17 $10,000 Fee 92-2331 1 ac Sydney L Sampson-R RB-20069 Simple OCEAN /H.Mc Kee Realty,Inc.RB- VIEW PKWY 12748 668472 3-9-2-62-5 Land Sold 17 $10,000 Fee 92-2335 1 ac Sydney L Sampson-R RB-20069 Simple OCEAN /H.Mc Kee Realty,Inc.RB- VIEW PKWY 12748 659343 3-9-2-62-53 Land Sold 3 $13,000 Fee 0 92-8758 1 ac 0 sgft Lisa Edwards-CRB RB-23587/ Simple REEF CIR Kona Homes RB-20158 MAUKA 658637 3-9-2-62-24 Land Sold 385 $16,500 Fee HOVE 1 ac Meghan E Shively RB-18540/ Simple South Island Realty RB-18540 669449 3-9-2-62-13 Land Sold 167 $20,000 Fee 0 TRADEWIND 1 ac 0 sgft Sydney L Sampson-R RB-20069 Simple BLVD /H.Mc Kee Realty,Inc.RB- 12748 661974 3-9-2-62-31 Land Sold 82 $29,000 Fee KOA LN 1 ac Tom Edwards-PB RB-20336/ Simple Kona Ka'u Realty R13-20336 Average Price of the eight (8) 1 acre properties: $ 14,312.50 List of Recent Land Sales in Comp Area 1: (Aloha Blvd and Pineapple Pkwv) _ 3.9.2.1 24 t`1� 0.51 m s 3 9.z- �12-120 �©� MLS# TMK Type Status DOM Price Lnd Beds Baths Location Lnd Living Listed By Tnr Area Area 665590 3-9-2-123-49 Land Sold 1 $6,000 Fee PINEAPPLE 1 ac Matthew Smith-Real Estate Simple PKWY Salesperson RB-23929/Koa Realty, Inc.RB-18369 665092 3-9-2-121-33 Land Sold 3 $6,500 Fee IWALANI 1 ac Matthew Smith-Real Estate Simple PKWY Salesperson RB-23929/Koa Realty, Inc.RB-18369 659069 3-9-2-120-16 Land Sold 126 $12,000 Fee 0 PINEAPPLE 1 ac 0 sgft Lisa Edwards-CRB RB-23587/Kona Simple PKWY Homes RB-20158 659053 3-9-2-120-15 Land Sold 126 $12,000 Fee 0 PINEAPPLE 1 ac 0 sgft Lisa Edwards-CRB RB-23587/Kona Simple PKWY Homes RB-20158 658378 3-9-2-120-27 Land Sold 54 $12,950 Fee ALOHA 1 ac Andy Madrid RS-81991/Keller Simple BLVD Williams Realty Maui RB-21851 633152 3-9-2-123-46 Land Sold 703 $20,000 Fee ALOHA 1 ac Merlene Griffin-McCullough-R RB- Simple BLVD 17912/Makanui Realty RB-17912 Average Price of the six(6) 1 acre properties: $ 11,741.66 List of Recent Land Sales in Comp Area 2: (Island and Catamaran) g�- 3.9.2.173 3.9.2-172 0 4� miles 3-9.2-168 3-9�2-771 Roc�� v .. r..Win.... P 3-9.2-169 MLS# TMK Type Status DOM Price Lnd Beds Baths Location Lnd Living Listed By Tnr Area Area 663533 3-9-2-171-30 Land Sold 46 $8,000 Fee CATAMARAN 1 ac Jonathan T.Correa-ABR RS-80306/ Simple LN Better Homes and Gardens Real Estate Hank Correa Realty RB- 17365 669016 3-9-2-172-45 Land Sold 5 $9,000 Fee HOVE 1 ac Laure McElwee-Realtor/Broker RB- Simple 20623/First Island Realty,LLC RB- 20737 702429 3-9-2-171-22 Land Sold 33 $12,000 Fee 0 HOVE 1 ac 0 sgft Lisa Edwards-CRB RB-23587/Land Simple and Homes Hawaii RB-23587 646542 3-9-2-172-47 Land Sold 318 $12,500 Fee ISLAND BLVD 1 ac Travis A Davis RS-83075/eXp Simple Realty RB-21841 701925 3-9-2-171-35 Land Sold 119 $25,000 Fee 0 TIKI LN 1.09 0 sgft Arlene Araki RS-69226/Local Simple ac Hawaii Real Estate RB-18892 Average Price of the five (5) 1 acre properties: $ 11,700.00