Dalton Gardens, Idaho Wireless Ordinance Defeated
October 11, 2021 | WireAmerica.org | Dalton Gardens Idaho City Council Meeting – How to Defeat a Bad Wireless Ordinance | SOURCE
https://idahoansforsafetechnology.org/
Checklist for Municipal Codes for Wireless Telecommunications Facilities (WTFs)
- The Municipal Code requires each applicant to place substantial written evidence in the public record to establish that it has sufficient liability insurance coverage for the purpose and does not exclude claims for injury, illness, impairment or death from EMF or RF-EMR. The applicant must list its board of directors on the application, a copy of which, with its full insurance policy, shall be immediately placed by public officials in the public record.
- The Municipal Code requires each applicant to place in the public record substantial written evidence proving that a significant gap in telecommunications service exists in the proposed WTF’s desired target area (search ring) as a condition for approval of any WTF application; denial of the WTF application on the basis of lack of such gap does not constitute Effective Prohibition of Service, per US Code Title 47 §253 and §332.
- The Municipal Code requires each applicant to place in the public record substantial written evidence proving that the applicant has by thorough research sought to, and will, place the applied-for WTF in the least intrusive location: i.e., in a non-residential area, at sufficient distance from homes, schools, daycare and healthcare facilities, and parks; and that the applicant will achieve Signal Strength grades shown in Table 1, below.
- The Municipal Code requires that, in any area accessible to the general population, if any Carrier-specific, licensed frequency/band/channel already achieves a grade of ‘A’ or ‘B’ for Signal Strength in Table 1, below, this constitutes substantial written evidence proving NO NEED for any applied-for Carrier-specificWTF in said area.
- The Municipal Code requires each applicant to place in the public record substantial written evidence proving that the applicant has notified by certified mail all homeowners, leaseholders, residents, and businesses within 1,500 feet of the applied-for WTF.
- The Municipal Code requires each applicant to place in the public record substantial written evidence proving that the aggregate RF-EMR emissions from all existing and applied-for WTFs transmitting to the applied-for target area (search ring) of the applied-for WTF will not and cannot by future modification or other cause exceed FCC general-public RF-EMR emissions guidelines.
- The Municipal Code requires each applicant to place in the public record substantial written evidence in the form of a sworn, signed-and-dated statement testifying to the applicant-agent’s recognition that federal administrative rules are not laws, and that the applied-for WTF “does now and will continue to comply with all Federal Acts and their legislative purposes, said Acts including, but not limited to, the Communications Act of 1934 and its Amendments, the Telecommunications Act of 1996 and the 2012 Spectrum Act, the Americans with Disabilities Act (ADA), the Fair Housing Act (FHA) and its Amendment(s), the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA)”.
- The Municipal Code requires each applicant to place in the public record substantial written evidence proving that the applicant has completed NEPA and NHPA reviews for the applied-for WTF, per Federal Communications Commission (FCC) mandate, following the August 9, 2019 Ruling in Case 18-1129, Keetoowah et al v. FCC.
- The Municipal Code code requires that the municipality hire a certified RF-EMR engineer-consultant to conduct random, unannounced RF-EMR emissions testing of WTFs at the expense of the WTF operator, that it levy substantial financial penalties as specified in the application for first-time violation and loss of permit for subsequent violation, and that the operator sign by its agent within the application its agreement to the emissions testing expense and potential financial penalties and loss of permit for violations.
- The Municipal Code requires that each applicant post conspicuous signs noticing pending application at any and all applied-for sites.