Councilman Tom Huckers Amendment on the ZTA 18-11 Wireless Facilities

Thank you for sharing your concerns regarding Zoning Text Amendment (ZTA) 18-11, Telecommunications Towers - Approval Standards. I am doing everything I can to improve this legislation regarding the placement of small cell towers despite extreme restrictions placed on us by the Federal Communications Commission (FCC).

I hear your concerns about the public health implications of cellular antennas near residences. However, due to the Federal Telecommunications Act of 1996, local and state governments are prohibited from considering the environmental effects of cell equipment. Even worse, in 2014, the 4th Circuit Court of Appeals, which covers Montgomery County, ruled that human health effects also cannot be considered by local and state governments.

I do have a number of concerns about the aesthetic and property impacts of antennas 30 feet from most residences in the county. That is why I voted to delay action on this ZTA until the Council has had sufficient time to study these issues. Unfortunately, we lost the vote to delay 3-6, so I have proposed a number of amendments that I believe improve this legislation.

This week I successfully introduced an amendment that retains the conditional use approval process, which requires adequate notice to residents and a public hearing for all antennas in residential areas. This amendment also limits antennas to 60 feet from a residential dwelling unless it is necessary to avoid a denial of service claim and pre-emption by the FCC. When the Council takes up this legislation again next week I will propose a second amendment to deny any application that is abutting or confronting a school, day care center, church or public park.

I also plan follow up legislation that requires the Department of Permitting Services to take strict enforcement action against any telecom provider that violates the law by placing antennas too close to homes. And I hope to work closely with the next county executive to make sure that telecom providers are paying their fair share to use the county’s right of way.

Thank you again for your important advocacy on this issue. If there is anything else that I can help you with on this or any other issue, please feel free to contact me at (240)777-7960 or atTom.Hucker@montgomerycountymd.gov.

Sincerely,

Tom Hucker

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1https://caselaw.findlaw.com/us-4th-circuit/1662394.html