City wants telecom companies heard, not seen
Gaps in cell phone service in Santa Monica may soon become a thing of the past.
Prompted by two lawsuits, City Hall has been forced to draft a law that would allow telecommunication companies to install wireless infrastructure on public land — but not without regulation. A 68-page ordinance drafted by the City Attorney’s Office was introduced to industry representatives this week, and immediately met with skepticism.
Two cell phone companies — Verizon and AT & T — have already sued City Hall, arguing they have a right to install antennas and other infrastructure on public land. The companies filed the suits in state and federal court last fall after they applied to put up antennas in Santa Monica, but were denied by City Hall because no law is in currently in place to regulate them. AT & T and Verizon both argue that the city can’t have an informal moratorium on wireless technology installation without some sort of ordinance.
The issue has forced City Hall to draft the ordinance which will be presented to the Santa Monica City Council on Feb. 24, at which time they will either pass the law or vote for a six-month moratorium to work out the details.
Industry executives were presented with the ordinance on Wednesday and have until today to make comments on it. Those suggestions will then be compiled by city staff and forwarded to the City Council for consideration. Cell phone company representatives insist City Hall hasn’t given them enough time to respond to the ordinance, which they label as arbitrary and too restrictive.
Kate Vernez, assistant to the city manager, told the group that city staff will do their best to address concerns and incorporate their suggestions into a revised ordinance before the City Council meeting — but there are no guarantees and time is an issue.
“Part of the industry is pushing the city to get this done and others are saying it’s not enough time,” she said. “We are caught in the middle... it’s not our preferred way of doing business.”
“We are caught in the middle... it’s not our preferred way of doing business.” — — KATE VERNEZ Assistant to the city manager
Robert Delsman, senior director of government regulations for NextG Networks, Inc., said the ordinance isn’t specific enough on many of the criteria needed in order to allow his company to install wireless technology here. Under the ordinance, companies would have to prove there is a real need for their service and whatever they install won’t negatively impact the aesthetic quality of neighborhoods.
35E,“How much does the City Council want to budget for litigation?” he asked city representatives, after they’d spent close to an hour explaining the new provisions to about 20 industry members at the Ken Edwards Center in downtown Santa Monica. “We have to show that we don’t have adequate coverage? That’s not spelled out in this. From our perspective, companies aren’t going to be wasting their money on superlative infrastructure.”
The main concern from City Hall is minimizing the impacts to residents and business as a result of the companies’ utilities. The ordinance is a way of protecting that, as well as the city’s liability and public safety.
“We are trying to manage the infrastructure and assets we have appropriately,” said Dave Britton, a civil engineer for City Hall. “We try to look at the community very seriously when we look at these projects.”
Delsman said, as it’s written, the new law won’t fly with the industry.
“I see this is as a non-starter,” he said. “It doesn’t look like you have had a lot of conversation with the industry, and I don’t see that they would be happy with this.
“These requirements are subject to litigation.”
Two of City Hall’s top attorneys — assistant city attorney Joe Lawrence and deputy city attorney Cara Silver — were on hand not only to explain the ordinance, but also to defend it.
“The wireless industry laws are rapidly developing and this is our best attempt,” she said. “We believe this ordnance will pass constitutional muster.”
Craig Perkins, director of the environmental and public works department, will be in charge of granting permits to the cell phone companies. He contends it’s the city’s job to protect citizens’ quality of life.
“It’s also a non-starter to say you can do whatever you want in the public right of way,” he said, adding that industry representatives should provide suggestions on how to change the ordinance.
He also told the group that because the regulation of wireless technology is still relatively new and the demand for public space is increasingly competitive, City Hall is giving it its best attempt.
“We’ve never contemplated antennas in the public right of way,” Perkins said. “This is not easy for us to do because Santa Monica is very much interested in control of its destiny.”
Asked by an AT & T executive if he thinks the City Council will be receptive to the new law, Perkins replied, “You can never predict what the City Council will do.”
Originally published in the Santa Monica Daily Press print edition on February 13, 2004. Read the original PDF.