HomeMy WebLinkAbout2024-09-16 Mark Graham Testimony #4 -Oppose
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