Read the Letter sent to Santa Fe officials in regards to Wireless Microwave Antennas Mounted in Front of Homes and Buildings...
"My clients seek proof that the City's regulations will fulfill the City's obligations:
1) to provide proof of liability indemnification in the event of damages and/or in- jury caused by said installations;
2) to require that a licensed Professional Engineer (PE) certify that said installa- tions safeguard the public's life, health and property; and
3) to protect workers who could be exposed routinely to radiofrequency radiation (RFR) emitted by PROW-mounted antennas in excess of FCC/OSHA limits.
We believe that the City is liable for any damages and/or injuries that occur that involve PROW-mounted antennas. If it is the City's position that it is not liable for the potential PROW-related damages and/or injuries outlined in this letter, then who is liable? Design regulations must clarify who is liable.
As you know, the State Torts Claim Act 40-4-1-40-4-30 NMSA explains the City's potential liability if it does not maintain its streets, highways and/or damages property. Correspondingly, under the provisions of the Tort Claims Act [41-4-1 NMSA 1978] and any liability imposed under Section 41-4-4 NMSA 1978, governmental entities are duty bound to cover every risk for which immunity has been waived.
In the City's regulations for cellular antenna installations on PROWs, my clients seek language from the City's liability insurance company or the municipal liability fund to demonstrate that the City is indemnified against losses in the event that an antenna-laden PROW catches fire or collapses (which they have been shown to do) and causes damage and/or injury to property or a person. My clients seek language demonstrating that the City will be covered in the event that ice on an antenna falls onto a person or object and causes damage."
"My clients seek proof that the City's regulations will fulfill the City's obligations:
1) to provide proof of liability indemnification in the event of damages and/or in- jury caused by said installations;
2) to require that a licensed Professional Engineer (PE) certify that said installa- tions safeguard the public's life, health and property; and
3) to protect workers who could be exposed routinely to radiofrequency radiation (RFR) emitted by PROW-mounted antennas in excess of FCC/OSHA limits.
We believe that the City is liable for any damages and/or injuries that occur that involve PROW-mounted antennas. If it is the City's position that it is not liable for the potential PROW-related damages and/or injuries outlined in this letter, then who is liable? Design regulations must clarify who is liable.
As you know, the State Torts Claim Act 40-4-1-40-4-30 NMSA explains the City's potential liability if it does not maintain its streets, highways and/or damages property. Correspondingly, under the provisions of the Tort Claims Act [41-4-1 NMSA 1978] and any liability imposed under Section 41-4-4 NMSA 1978, governmental entities are duty bound to cover every risk for which immunity has been waived.
In the City's regulations for cellular antenna installations on PROWs, my clients seek language from the City's liability insurance company or the municipal liability fund to demonstrate that the City is indemnified against losses in the event that an antenna-laden PROW catches fire or collapses (which they have been shown to do) and causes damage and/or injury to property or a person. My clients seek language demonstrating that the City will be covered in the event that ice on an antenna falls onto a person or object and causes damage."
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.