Subject: (DePippo) Amherst Wins Omnipoint Federal Appeal (fwd)
Date: Sun, 4 Apr 1999 095804 -0500 (CDT)
From: "Roy L. Beavers" <rbeavers@llion.org>
To: emfguru <rbeavers@llion.org>
--------------------------------------------------
.........This is an important decision by a Federal Court of
Appeals!!!...... It strikes me that the 1996 Telecommunications
Act is rapidly becoming IRRELEVANT (if only more local communities
would go up against it) wherever it attempts to over-rule LOCAL
rights to "regulate" in order to protect health and safety of the
population......
I offer some short comments within the court's decision below.....
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: Sun, 4 Apr 1999 09:35:15 EDT
From: PDepippo@aol.com
To: rbeavers@llion.org
Subject: Fw: Amherst Wins Omnipoint Federal Appeal
Subj: Fw: Amherst Wins Omnipoint Federal Appeal
Date: 4/4/99 7:39:40 AM Eastern Daylight Time
From: bridge.amherst.tape@juno.com (by way of Newtons at Fruitlands
)
Dear All:
On March 30, 1999 the United States Court of Appeals for the First
Circuit, on case number 98-2061, vacated the decision made by District
Court Judge DeClerico in favor of Omnipoint, and found in favor of the
Town of Amherst, NH.
WE WIN!!!!!!
In its decision, the appellate court ruled that the District Court erred
in ruling in favor of Omnipoint and decided that Amherst did NOT violate
the Telecommunications Act of 1996 by effectively prohibiting the
provision of PCS services.
The decision of the Amherst ZBA in denying the applications of Omnipoint
to construct four 190 tall "towers" in a seven mile stretch, does not
prohibit or have the effect of prohibiting personal wireless services.
The decision goes on to state that , while the ZBA was open to reviewing
alternative proposals by Omnipoint , Omnipoint did not offer any serious
alternatives. Rather, Omnipoint only presented the system which was most
economically favorable to Omnipoint. The Appeals Court has effectively
ruled that the zoning ordinance of the Town of Amherst takes precedence
over the economic interests of Omnipoint.
[......Extremely important!!!!......
"Omnipoint did not offer any serious alternatives. Rather, Omnipoint only
presented the system which was most economically favorable to Omnipoint.
The Appeals Court has effectively ruled that the zoning ordinance of the
Town of Amherst takes precedence over the economic (read: "profits")
interests of Omnipoint....." This is a judicial decision which validates
the statement I have below in my signature line -- PEOPLE ARE MORE
IMPORTANT THAN PROFITS.....guru....]
The ramifications of this decision will be felt nationwide. Our heartfelt
thanks to all of you who help bring about this victory for the rights of
our local cities and towns to make what are truly local land use
decisions.
[.......I agree. This decision should ultimately have nation wide
importance..... It says that local authorities DO have the right
to "regulate" (based on the evidence of possible health risks) to
protect their citizens ... in the matter of WHERE these towers will be
located...... And, no doubt in other respects, as well, whenever valid
concerns about risks to the citizens can be shown......
The 1996 Telecommunications Act CANNOT take that right away from local
communities!!!!..... I might add that some Constitutional lawyers
were saying **that very same thing on the very the day the law was
enacted** by a Congress and Administration that had "sold out" the public
interest in favor of the BIG $$$$$$ spending special interests...... DO
NOT FORGET (I haven't) that the 1996 Telecom Act was "floor managed"
through the the Senate by Al Gore.......!!!......guru.....]
Best Regards
Andy and Betsie Bridge
19 Woodland Dr.
Amherst, NH 03031
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