McAllen changes ordinance in attempt to protect local cell phone tower control

Posted: Saturday, May 16, 2015 8:50 pm
SKY CHADDE | STAFF WRITER


McALLEN — The city’s reaction to a federal regulation? Don’t tread on us.

In an effort to maintain its local control, McAllen — with Los Angeles, a few other California cities and a mostly affluent Maryland county that borders Washington, D.C. — joined an appeal of a Federal Communications Commission regulation regarding the placement and size of cell towers in March.

The regulation, which took effect April 8, is meant to increase broadband access to consumers.

But opponents say the mandate removes cities’ authority to determine where to allow the towers.

Cell phone providers, such as T-Mobile and Verizon, must request permission from municipal governments to set up towers, but the regulation creates a time limit. If a city doesn’t approve a request with a “substantial change” in 60 days, the provider can erect the tower.

If that happens, City Attorney Kevin Pagan said, that introduces uncertainty into running the city.

The regulation, though, is intended to make broadband service more efficient for providers by eliminating local regulatory delays.

“These steps will reduce the cost and delays associated with facility siting and construction,” reads part of the introduction to the regulation, “and thereby facilitate the delivery of more wireless capacity in more locations to consumers throughout the United States.”

While city staff hopes to maintain local authority, McAllen’s city attorneys drafted changes to its cell tower ordinance to bring it more in line with the FCC’s regulation.

“While that (lawsuit) is pending, however, portions of the rule have gone into effect,” Pagan told commissioners May 11. “So what we’ve done here

http://www.themonitor.com/news/local/mcallen-changes-ordinance-in-attempt-to-protect-local-cell-phone/article_e742468a-fc1d-11e4-ae5b-2ba6c22e318c.htmle is make as modest modifications as we can.”