Environmental Health Trust and several other experts and residents testified to the Ithaca City Council on the day of their vote. Residents and experts had worked for a long time towards community protective rules for cell antennas. Residents had hoped that their City would choose to enact more protective setbacks at over 1000 feet however they were about to establish much stronger procedures than other communities.
Ithaca New York: 250 feet or more cell tower setback from any residence, school, or day-care facility.
- A 1500 foot setback between antennas (old code: 0 feet)
- A 250 foot setback between antennas and homes/schools (old code: 8 feet)
- Requiring proof of a significant gap in service coverage for any antenna, proven by ‘in-kind’ testing (such as drive-by tests and dropped calls)
- Clarifying that an applicant’s claim that it needs the proposed tower for “future capacity” or to “improve coverage” is not sufficient to establish that it suffers from a significant gap in coverage
- Requring the least intrusive methods to fill any coverage gap for antennas
- Requiring that a visual impact analysis be submitted for any new proposed antennas
- Requiring General Liability Insurance without a pollution exclusion
- Allowing for random, unannounced radiation testing for all towers done by the City at the expense of the applicant
- Including fall-zone requirements that wireless facilities are maintained at a sufficient distance from other structures and the general public
- Allowing for revocability (a clause allowing the voiding of any contract requiring its modification in the event of a regulatory change)
- Mandating certified mail notices of any proposed tower be sent to people living near a proposed site before approval, paid for by the applicant.
- Establishing a procedure for any disabled persons suffering from EHS to submit requests/grievances in accordance with the ADA
- Establishing that the codes apply to all wireless transmitting antennas, including any on private homes (aimed at the OTARD challenge)
- Deputizing any citizen to test for RF emissions
- Protecting against reductions in property values of properties situated near wireless facilities
- Requiring that everything submitted by the applicant is done so under oath and penalty of perjury
Wireless Facility Setbacks
Shelburne, Massachusetts: 3,000 feet for schools and 1,500 feet for homes.
Copake, New York: 1,500 feet from homes, schools, churches and public buildings.
Sallisaw, Oklahoma: 1,500 feet from homes.
Calabasas,California: No “Tier 2” telecommunications facilities within 1,000 feet of homes and schools.
Stockbridge, Massachusetts: 1,000 feet for schools, playgrounds and athletic fields. 600 feet for residential.
Walnut City, California: 1,500 feet setbacks for schools, parks and residential zones.
Bar Harbor, Maine: 1500 feet setback for schools.
Bedford, New Hampshire: 750 feet from nearest residentially-zoned property.
Encinitas, California: Restricted site locations include residential zones, within Ecological zones, or very high fire hazard severity zones, 500 feet from residential dwelling units, daycares or schools.
Scarsdale, New York – 500 feet from homes, schools, parks, and houses of worship.
Randolph, Massachusetts: 500 feet for homes.
Petaluma, California: 500 feet for homes.
Suisun City, California: 500 feet for homes.
Ithaca New York: 250 feet or more from any residence, school, or day-care facility.
Ithaca New York Small Cell Codes:
MORE POLICY ACTIONS ON 5G & 4G SMALL CELLS
Summary of Action in the USA
State Investigations Recommend Reducing Exposure
The New Hampshire Commission to Study the Environmental and Health Effects of Evolving 5G Technology released its final report with 15 recommendations to reduce public exposure, increase transparency and strengthen federal regulations. The 5G Report recommends US federal agencies coordinate “to protect people, wildlife, and the environment from harmful levels of radiation” and states “until there is Federal action, New Hampshire should take the initiative to protect its environment.” The Commission recommendations include a public education campaign on reducing exposure, replacing Wi-Fi with wired (not wireless) networks in schools and independently funded health studies.
Oregon’s SB 283 requires the Oregon Health Authority to review the peer-reviewed, independently funded scientific studies of the health effects of exposure to microwave radiation, particularly children’s exposure from wireless in schools. EHT will be releasing more information on this report in February 2021. Other passed state Bills to create investigations into 5G include Louisiana Bill HR 145.
RESOLUTIONS TO HALT 5G
Hawai’i County, Easton Connecticut, Keene New Hampshire and Farragut Tennessee have passed resolutions to halt 5G. The Coconut Creek Florida Commission adopted a Resolution on 5G and radiofrequency radiation “imploring the US Congress to allocate funding and direct a cross discipline federal agency study of the effects caused by exposure to current and proposed electromagnetic spectrum and radiofrequency commissions on human health and the environment in light of the recent implementation of fifth generation technology and to use those findings to create science based laws or rules regarding limiting human and environmental exposure.”
RESOLUTIONS OPPOSED TO FEDERAL ATTACK ON LOCAL CONTROL
Several cities are passing resolutions calling for local control of the placement of 5G and “small cell” towers as federal FCC and new state 5g streamlining laws have stripped their local authority. Greendale Wisconsin passed a Resolution R2018-20 referring to the FCC’s actions stripping local authority as “an unprecedented attack on local control” which “threaten the Village of Greendale’s responsibility to protect the health, safety and welfare of its residents.” Oak Brook Illinois’ Resolution 2020-ITGL-R-1891 and the City of Jersey City, New Jerseys Resolution 20-362 both call for local control. The Hallandale Beach Florida Resolution urges the federal government to initiate independent health studies on 5G. The Carmel City, Indiana Council approved a resolution asking state lawmakers, the Federal Communications Commission and Congress to limit 5G technology deployment in Indiana until the health effects are fully understood.
