Subject: (Bridge) New Hampshire Wireless Master Plan Bill (fwd)
Date: Mon, 12 Apr 1999 091852 -0500 (CDT)
From: "Roy L. Beavers" <rbeavers@llion.org>
To: emfguru <rbeavers@llion.org>
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Hi everybody:
In her message (top, below), Janet Newton is making a terribly important
point..... She is pointing out that the 'flaw' in the approach that is
being taken by those whose main concern is the "aesthetic appearance" of
the cell towers -- is that the net result may be to INCREASE the health
hazard.....
This is terribly important to keep in mind!!! I have long been concerned
(and have often tried to warn) that the "rush to regulate the appearances"
of the cell towers (a highly popular movement) may be short-sighted in the
long run.....
If we don't get better answers about the HEALTH issues, and use THAT
consideration as the main basis for regulation -- we will likely 'have to
do it all over again later'!!!
Beware of the NIMBY movement -- which I know is where "most" of the public
opposition is coming from!!! In the long run, I believe it is less likely
to succeed, politically, and it will not do the job that needs to be
done -- in terms of the public health hazards.....
(Otherwise, the legislative effort reported below in New Hampshire --
looks very promising.....)
Cheerio......
Roy Beavers (EMFguru)
rbeavers@llion.org................
...It is better to light a single candle than to curse the darkness...
.................PEOPLE ARE MORE IMPORTANT THAN PROFITS...............
---------- Forwarded message ----------
Date: Mon, 12 Apr 1999 09:45:17 -0400
From: Donald Novak
To: rbeavers@llion.org
Subject: Wireless Master Plan Bill
Andy and Betsie -
Make sure that someone makes the point that camouflaging addresses
the aesthetic concerns but runs the risk of putting the exposure to RFR much
closer to the public often without their knowledge. We are pushing at the
Congressional level, with the Vermont Delegation's leadership, to set up an
independent research program that doesn't have to answer to industry about
the results that are found.
It is also esssential that background ambient readings be required
at every site before any new equipment goes into operation and then again
and repeated yearly to record the change after the new service goes on line.
It has to be done now for epidemiolocial studies to have the needed baseline
on exposure with which to compare what happens after the RFR environment
changes in any locale. here will be no way to go back and get that kind of
essential data after the fact.
Janet Newton
Included in this message is summary of New Hampshire House Bill 733 from
Andy & Betsie Bridge and the text of the bill. HB733 creates a wireless
master plan for New Hampshire. The hearing for this bill is scheduled for
this Wednesday, April 14th, at 10:00 am in Legislative Office Building, room
304. Be sure to confirm this by calling the State House as I heard that the
House would be voting on the educational funding bill on Wednesday.
Pat and I will be at the hearing and encourage you to attend, either to
speak or to submit testimony. If you cannot attend, please send written
testimony to the committee chairman, Jeb Bradley. Also, call your state
representatives to urge their support. If this bill existed two years ago,
the Mt. Kearsarge tower would not have been constructed. Letıs support this
bill and prevent it from happening again!
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Dear All:
Please be advised that State Representatives Bill Belvin, Jeb Bradley,
and Naida Kaen have introduced HB 733 in the House which would create a
Wireless Master Plan for the State of New Hampshire. This bill
establishes a master plan for the orderly deployment of personal wireless
service facilities in communities throughout the state.
The purpose of the bill is to provide for the deployment of personal
wireless services in New Hampshire, while at the same time protecting the
natural and scenic beauty of our state.
Among other things, this bill allows new ground mounted personal wireless
service facilities (PWSF's) to be built provided they project no higher
than 10 feet above the average tree canopy height. It also requires the
use of commercially available alternatives to tall cellular "towers" such
as disguised sites, camouflaged sites, and towerless PCS over cable TV
systems.
The Wireless Master Plan is being brought forward in the Science,
Technology, and Energy Committee. A public hearing on this bill is
scheduled to take place next Wednesday, April 14, 1999 at 10:00 AM in the
committee meeting room in the Legislative Office Building in Concord.
The protection of the natural and scenic beauty of our state and the
delivery of these new wireless services are not mutually exclusive goals.
The Wireless Master Plan for New Hampshire establishes a Win-Win
situation under which we can enjoy both.
We strongly encourage all interested persons to attend this hearing and
support this important bill.
Best Regards
Andy and Betsie Bridge
19 Woodland Dr.
Amherst, NH 03031
(603) 673-5326
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HB 733 - AS INTRODUCED
1999 SESSION
99-0161
10/09
HOUSE BILL 733
AN ACT relative to a state master plan for the deployment of personal
wireless service facilities.
SPONSORS: Rep. Belvin, Hills 14; Rep. Bradley, Carr 8; Rep. N. Kaen, Straf 7
COMMITTEE: Science, Technology and Energy
ANALYSIS
This bill establishes a master plan for the orderly deployment of personal
wireless service facilities in communities throughout the state.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - -
Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in
regular type.
99-0161
10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord One Thousand Nine Hundred and Ninety-Nine
AN ACT relative to a state master plan for the deployment of personal
wireless service facilities.
Be it Enacted by the Senate and House of Representatives in General Court
convened:
1 New Chapter; Master Plan for the Deployment of Personal Wireless Service
Facilities. Amend RSA by inserting after RSA 12-I the following new chapter:
MASTER PLAN FOR THE DEPLOYMENT OF PERSONAL WIRELESS
SERVICE FACILITIES
-12-J:1 Goals; Purpose.
I.(a) The federal Telecommunications Act of 1996 mandates the deployment of
wireless services in the United States. Its purpose is to make these
services available to the American people quickly and in a very competitive
manner.
(b) Unless our state takes action to manage this deployment, our towns and
cities will be overrun by inappropriate and visually offensive personal
wireless facilities. Local governments will be burdened with unnecessary
lawsuits in defense of their local zoning laws. Telecommunications providers
must deal with and respond to a plethora of local zoning requirements
ill-suited to the needs of a telecommunications provider.
(c) The visual effects of tall antenna mounts or towers may go well beyond
the physical borders between towns. Such sites will have regional impact and
should be addressed so as to protect all the communities affected.
(d) While the Telecommunications Act of 1996 prohibits a ban of wireless
services facilities, it does not mandate or necessarily require a permanent
alteration of the American landscape. The state has the obligation to
provide clear direction to the telecommunication providers of its intent to
comply with the federal statutes while maintaining the unique natural scenic
beauty of New Hampshire's many communities and natural resources.
(e) Carriers wishing to build PWSFs in New Hampshire shall be required to
utilize commercially available alternative PWSFs to tall cellular towers.
Commercially available alternatives include but are not limited to the
following:
(1) Use of lower antenna mounts which do not protrude above the surrounding
tree canopies.
(2) Disguised PWSFs such as flagpoles, artificial tree poles, light poles,
traffic lights, which blend in with their surroundings.
(3) Camouflaged PWSFs mounted on existing structures and buildings.
(4) An unlimited number of custom designed PWSFs all designed to minimize
the visual impact of a PWSF on its surroundings.
(5) Towerless PCS over cable TV systems.
(6) Low earth orbit satellite networks.
(f) A master plan for deployment of PWSFs is needed in order to ensure that
this industry is fully complying with federal requirements established by
the Federal Communications Commission concerning the radio frequency
radiation emitted by these facilities. Failure to do so may result in the
citizens of New Hampshire being subjected to exposure of unsafe levels of
radio frequency radiation in excess of the federal guidelines.
II. The purpose of the master plan for the deployment of PWSFs shall be:
(a) To protect the health and welfare of the citizens of New Hampshire.
(b) To preserve the natural and scenic beauty of our state.
(c) To allow for the orderly deployment of wireless communication services
in our state.
12-J:2 Definitions. In this chapter:
I. "Antenna" means the surface from which wireless radio signals are sent
from and received by a PWSF.
II. "Array" means a collection of antennae attached to a mount to send and
receive radio signals.
III. "Average tree canopy height" means the average height found by
inventorying the height above ground level of all trees over 20 feet in
height for a radius of 150 feet.
IV. "Camouflaged" means for a personal wireless service facility one that is
disguised, hidden, part of an existing or proposed structure, or placed
within an existing or proposed structure.
V. "Carrier" means a person that provides personal wireless services.
VI. "Co-location" means the use of a single mount on the ground by more than
one carrier, or the same carrier under multiple licenses or the use of
several mounts on an existing building or structure by more than one carrier
or the same carrier under multiple licenses.
VII. "Disguised" means, for a PWSF, designed to look like a structure which
would commonly be found in the area surrounding a proposed PWSF such as but
not limited to, flagpoles, light poles traffic lights, or artificial tree poles.
VIII. "Equipment shelter" means an enclosed structure, cabinet, shed vault,
or box near the base of a mount within which are housed equipment for PWSFs
such as batteries and electrical equipment.
IX. "Height" means the height above ground level from the natural grade of a
site to the highest point of a structure.
X "Mount" means the structure or surface upon which antennas are mounted and
include roof-mounted, side-mounted, ground-mounted, and structure-mounted types.
XI. "Personal wireless services" means commercial mobile radio services,
unlicensed wireless services, and common carrier wireless exchange access
services, as described in the federal Telecommunications Act of 1996, as
amended.
XII. "PWSF" or "facility" means a personal wireless service facility for the
provision of personal wireless services, as defined by the federal
Telecommunications Act of 1996. PSWFs include a mount, antenna, equipment
shelter, and other related equipment.
XIII. "Radio frequency radiation" means the emissions from personal wireless
service facilities.
12-J:3 Wireless Carriers Doing Business in this State. All wireless carriers
or their appointed agents doing business, or seeking to do business, in this
state shall:
I. Be allowed to construct new ground-mounted PWSFs, provided that these
PWSFs project no higher than 10 feet above the average tree canopy height or
the average height of existing buildings, whichever is greater, within a
radius of 150 feet from the mount.
II. Comply with RSA 12-J:6 when seeking to construct PWSFs within
conservation land, historic districts, or the boundaries of the scenic areas
as described in RSA 12-J:6, I-VII.
III. Comply with all federal and state guidelines, including radio frequency
radiation emission regulations and the National Environmental Policy Act of
1969, as amended.
IV. Provide information at the time of application to the state, any state
agency, local government body, or any political subdivision, as follows:
(a) A copy of their license from the Federal Communications Commission
proving that they are eligible to deploy their systems in this geographical
area and that this deployment falls under the jurisdiction of the
Telecommunications Act of 1996.
(b) Detailed maps showing all of the carrier's current PWSF locations, both
active and inactive.
(c) A detailed deployment plan for the state.
(d) Site descriptions for each of the above locations showing the antenna
type, mount description (i.e. mast, building, ground mount, tower,
camouflaged, hidden, flagpoles, tree poles, etc.).
12-J:4 Payment of Costs. A wireless company seeking to deploy a wireless
communication facility in this state shall be required to pay the following
costs:
I. The expenses of a town or city, or the state to hire experts required to
testify or show that less intrusive facilities than a tall antenna mount or
cellular tower is required where the burden to show that other deployment
technologies will meet the company's needs is on the town, city, or the state.
II. The costs of the town, city, or state in determining that a company
seeking to obtain permission to install a PWSF complies with radio frequency
radiation emission regulations of the Federal Communications Commission.
Such costs may include independent experts to take predeployment readings to
establish a baseline from which the radio frequency radiation produced by
the antenna upon operation may be measured.
III. The cost of the town, city, or state for unannounced and unaccompanied
monitoring undertaken on a regular basis, to measure compliance and levels
of public exposure to radio frequency radiation, especially in instances of
co-location of sites, in order to insure compliance at each cell site.
IV. The costs to the town, city, or state for providing regional impact
notification under RSA 12-J-7.
12-J:5 Fall Zones. In order to provide protection from tower collapses and
from falling debris including hardware, collapsing material, and ice, fall
zones shall be established, which ensure public safety at or near the base
of tall antenna mounts or cellular towers. The fall zone shall be an area at
ground level with a radius equal to the highest point of the facility
including any antennae or appurtences, and with the facility at the center.
The radius of the fall zone shall be the minimum distance from the base of
any new ground mount PWSF to any property line, public road, habitable
residential or business dwelling, or public recreational area.
12-J:6 Overlay Map. The commissioner of the department of resources and
economic development shall develop a personal wireless service overlay map
for the state. The purpose of such a map would be to identify geographic
areas of high and rich visual sensitivity for the purpose of regulating the
placement, constructions, and modification of PWSFs within these areas so as
to minimize their visual impact. This map shall supplement, and shall not
supersede any local town or city ordinances or articles which identify
specific areas of high and rich visual sensitivity. Because there are
commercially available alternatives to tall cellular tower mounts which are
designed to be camouflaged and therefore not visually recognizable as PWSFs,
any PWSF proposed to be built in these areas of high and rich visual
sensitivity shall utilize a camouflaged design. Scenic areas would be mapped
out including but not limited to:
I. Scenic roads.
II. View corridors.
III. Scenic shoreline.
IV. Viewsheds.
V. Vista points.
VI. Ridge lines and mountain tops.
VII. Historic districts.
12-J:7 Regional Impact Notification.
I. Any state authority or agency, local government authority or body, or
political subdivision which receives an application to construct a PWSF
which will be visible from any other village, town, or city shall provide
written notification of such application and pending action to the
surrounding villages, towns, or cities so as to allow public comment by
these surrounding communities and their residents before a final decision is
made on the application.
II. The regional impact notification shall include sending a formal letter
to the official town offices detailing the pending action on the application
and shall also include publishing a notice in the major newspapers
distributed in each surrounding community stating the specifics of the
application, the pending action, and the date of the next public hearing on
the application. Such public hearing date shall be held no sooner than 7
days or latter than 21 days from the publication of the regional impact
notification.
12-J:8 Rulemaking. The commissioner of the department of resources and
economic development, in consultation with the office of state planning,
shall adopt rules under RSA 541-A as necessary to implement this act and to
provide sufficient information to towns, cities, other state agencies,
wireless companies doing business or seeking to do business in this state,
as well as the public. The commissioner of resources and economic
development may also adopt rules proposing a model ordinance for towns and
cities relative to the deployment of wireless communications facilities.
-2 Effective Date. This act shall take effect 60 days after its passage.
Archive provided courtesy of WaveGuide, http://www.wave-guide.org
Reprinted with permission of Roy Beavers, http://www.feb.se/EMF-L/EMF-L.html