by Bradley Parsons
Staff Writer
A complaint filed against Jacksonville by a wireless lobbying firm could result in a less stringent local zoning review of the construction of new cell phone towers.
Jacksonville is one of 18 cities and counties named in a report filed by the Florida Telecommunications Industry Association with a State wireless oversight board. The report describes “unreasonable delays in locating wireless telecommunications facilities” needed to provide wireless users with emergency service.
In response to the report, the Wireless E911 Board of the State of Florida is forming a subcommittee to develop recommendations to the State house of representatives and the governor.
The recommendations will help form a statewide policy for the installation of cell-phone towers and antennas. According to a brief filed by Kraig Conn, legislative council for the Florida League of Cities, the board will seek an approach which balances “the ability of providers to locate wireless facilities,” with “the desire of counties and municipalities to zone and regulate land uses.”
Conn said the compromise would likely erode some local control over wireless zoning. However, he said the League of Cities, which will seat two members on the wireless subcommittee, would protect local oversight.
“There’s certainly an aesthetic issue; no one wants to see a 200-foot tower every half-mile,” said Conn. “But a complete loss of municipal authority is not really a possibility. These decisions need to be made at a local level, that’s our [the League of Cities] cornerstone.”
The FTIA report was filed on behalf of wireless carriers: AllTel, Cingular, AT & T, Nextel, Verizon, T Mobile and Sprint PCS. The report claims that the carriers have been unable to build facilities necessary to comply with the State’s Wireless Emergency Communications Act.
However, Conn said the complaint could be an attempt by wireless carriers to build more towers. He said it was “hard to discern” from the FTIA’s report whether the carriers’ concern was safety or widening their market.
“We’re not agreeing to put a tower wherever they want just to increase market share,” said Conn. “The legislative requirements are very specific toward what can be done to provide emergency services; market share is not a concern.”
The so-called 911 Act was designed to promote public safety through the use of wireless 911 service. It’s up to individual cities and counties whether to require providers in their area to conform to the regulations. The FTIA claims that Jacksonville directed its carriers to comply but has not allowed timely construction of towers or antennas.
According to a brief provided by FTIA Executive Director Susan Langston, Jacksonville is one of “various local jurisdictions” that adopted “restrictive zoning ordinances” or required carriers to appear “before lengthy zoning hearings, that make the processes for placement of facilities very lengthy, very difficult and very costly.”
Langston said the subcommittee would likely look separately at each jurisdiction, but said policy recommendations would stretch across the state.
“The subcommittee will probably look at what the local governments are doing,” said Langston. “If the reports are found to be valid according to state legislation and problem areas are identified, then I imagine the subcommittee will look to see if there’s room for movement in the practices of the jurisdictions.”
The E911 board will hear from the FTIA and the League of Cities during a Sep. 29 conference call. After hearing both sides, the board will announce the subcommittee, which will comprise two League of Cities representatives, two Florida Association of Counties representatives and two members of the FTIA.
The subcommittee will make its recommendations to the State House and the governor Feb. 28, after which it will disband.