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FCC
Ruling Preserves State/Local Right to Control Height,
Shape
of Telecommunications Towers in the Adirondack Park & Beyond
New
York State Must Return $2.5 Million in Federal Aid for Acquisition of Iconic
Follensby Pond Tract Due to Lack of Matching Funds
Albany,
NY – November 2014 / Newsmaker Alert / A coalition of New York environmental
and historic preservation organizations praised the U.S. Federal Communications
Commission (FCC) for preserving the rights of state and local governments
to regulate the size, shape and visibility of communications towers in
scenic and historic areas.
In
January, the groups sent a joint letter to the FCC, urging federal officials
to recognize that scenic beauty and historic significance are the backbone
of local tourism, both inside and outside of the Adirondack Park.
They
asked the FCC to reject the notion that expansions of 10 percent or more
in the height or width of cell towers would have no impact on the environment
or historic preservation.
“People
have said ‘the Adirondack Park needs cell towers, but not ugly cell towers’
and today we applaud the FCC for agreeing. This Park is a mixture of public
and private lands that depends on its wilderness character to attract millions
of visitors and hundreds of thousands of seasonal residents each year,”
said Adirondack Council
Executive Director William C. Janeway. “The Adirondack Park Agency’s outstanding
policy on telecommunications towers has been a model for the entire nation.
It has allowed rapid expansion of cell phone and broadband service, while
screening new towers to preserve the wild and historic character of the
Adirondack Park and its communities.
“The
APA has done an excellent job of ensuring that new towers fit into the
surrounding landscape,” Neil Woodworth, Executive Director of the Adirondack
Mountain Club said. “Cell phone and broadband companies both report that
they have faced no unreasonable regulatory delays. That is success. We
are very pleased that the FCC’s new rule recognizes that success.”
“This
ruling will help preserve the integrity of historic sites and communities
across New York, whose residents have worked hard to protect their rich
heritage and unique charm,” said Daniel Mackay, director of public policy
for the Preservation League of NYS. “New York has stunning scenic beauty
and more than three centuries of culture to celebrate. Tourism is vital
to our economy. We are pleased that the FCC honored our efforts to bolster
these new regulations.”
“Scenic
Hudson has worked with local partners for the past seven years to protect
Blue Hill in the Olana viewshed from an expanded telecommunications tower,”
said Jeffrey Anzevino, Scenic Hudson’s director of land use advocacy. “This
ruling is a victory for those local and state agencies seeking to strike
the right balance in providing wireless communications services without
destroying the historic and scenic resources upon which their economies
depend.”
In
2013, the FCC proposed new rules streamlining the approval process for
minor expansions of telecommunications towers and equipment. The rules
eliminate the need to seek local or state permission for the change in
most cases. That would have eliminated the Park Agency’s jurisdiction over
tower expansions. The FCC would have granted automatic approval – even
if the expansion allowed a formerly concealed tower to dominate an otherwise
natural or historic landscape.
However,
the FCC’s recent ruling specifically excluded from automatic approval any
proposed tower expansion that “would defeat the existing concealment elements
of the tower or base station.” (See pg. 10 http://bit.ly/ZY6jYE). So if
a proposed expansion would make a concealed tower visible, the APA could
still enforce its towers policy. That policy requires new installations
to be “substantially invisible.”
Signing
on to the letter were the Adirondack Council, Adirondack Mountain Club,
Citizens Campaign for the Environment, Mohawk-Hudson Land Conservancy,
NY Public Interest Research Group (NYPIRG), Parks & Trails New York,
the Preservation League of New York, Protect the Adirondacks, Scenic Hudson
and Sierra Club, Atlantic Chapter.
Also
expressing support for the FCC’s decision is the Central Adirondack Partnership
(CAP-21).
“We
congratulate the FCC for protecting the rights of local citizens to provide
guidance to their appointed and elected officials as they determine how
cell towers and other communications structures should be sited and expanded
in their own communities,” said Peter Bauer, Executive Director of Protect
the Adirondacks! “The FCC ruled that it can encourage speedy deployment
of new communications technology without abolishing state and local jurisdiction
over modifications to the size and shape of towers.”
The
organizations did not object to new rules allowing the rapid expansion
of low-profile, distributed-antenna systems for telecommunications, which
would speed deployment of communications equipment on existing buildings.
They also did not object to new rules allowing temporary towers in some
locations.
Under
the new FCC rules, changes in height, construction materials and equipment
configuration would be exempt from all local and state review, as long
as the modification doesn’t “substantially change” the dimensions of the
current structure. The rule defines the term substantially change for the
first time. Tower alterations that “would defeat the existing concealment
elements of the tower or base station” will continue to constitute a substantial
change and cannot receive automatic approval under the new rules.
The
new rules follow 2009 FCC Declaratory Ruling that required automatic approval
of expansions of 10 percent – or more under certain circumstances – in
an effort to speed development of new technology nationwide.
In
the Adirondack Park, state and local regulators long ago anticipated a
conflict between those pressing for improved communications and those who
value the wilderness character of the park’s landscapes, or the historic
value of its communities and buildings. In 2002, the Adirondack Park Agency
(APA) established standards to allow for rapid expansion of communications
without allowing a significant impact on environmental, scenic or historic
resources.
The
APA enforces a requirement that all tall structures be “substantially invisible.”
In addition, individual communities have persuaded companies to use existing
structures (steeples, water towers, chimneys, etc.) to conceal new installations.
In many cases, the state and local regulators have adjusted the tower height,
location, and use of screening techniques to achieve desired communications
coverage – without slowing the rate of new installations or improvements.
The
Adirondack Park hosts 10 million annual visitors and 130,000 year-round
residents, who cherish its natural beauty and historic significance, Janeway
noted.
The
Adirondack Council’s mission is to ensure the ecological integrity and
wild character of New York’s six-million-acre Adirondack Park. The Council
envisions an Adirondack Park comprised of core wilderness areas, surrounded
by working forests and farms, and vibrant rural communities.
For
more information:
Adirondack
Council
John
F. Sheehan
518-432-1770
office
518-441-1340
cell
www.AdirondackCouncil.org |