Tips and Tricks for Facing NIMBYs
Inside Towers and LBA have started a weekly Twitter chat – #TowerTalk. Every Wednesday at 11am EDT we discuss a topic related to the tower industry.
Last week's topic: "Tips & Tricks for Facing NIMBYs"
LBA's CTO, Dr. Chris Horne sat down with us and gave some very useful tips and advice – so why not turn that advice into a handy list?
ADVICE ON FACING NIMBYs – Dr. Chris Horne
Hire an telecom attorney & expert RF engineer to convince zoning boards the advantage of wireless antennas/towers.
Be wary of HOAs objecting to propose antennas on hi-voltage transmission lines–tower site aesthetics shouldn't change appreciably.
Q: Do you run into opposition frequently or has it died down some?
A: It's an ongoing challenge.
In zoning hearings, tower & RF design presentation should be for the lay person/zoning board not an engineer
Q: Why is this?
A: Zoning boards are typically not engineers; technical data about tower & coverage maps should be clearly explained
Be wary of HOAs objecting to cell site acoustic noise levels - they typically do not change ambient levels appreciably
Local moratoriums on the approval of new wireless infrastructure violate section 332(c)(7) of the Communications Act.
In the 1996 Telecom Act, Congress required that state and local governments act on requests to “place, construct, or modify” wireless facilities “within a reasonable period of time”.
If the local government does not beat the “shot clock” deadline, the burden shifts to them to explain its failure to meet the applicable deadline. Furthermore, the tower applicant may seek judicial relief because of the locality’s failure to meet the FCC’s presumptive time limits.