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Item 3 - PH/Ord. on Cell Towers
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Item 3 - PH/Ord. on Cell Towers
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6/9/2010 12:42:10 PM
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11/17/2004 12:20:16 PM
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11/22/2004
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3 <br /> <br /> From A LOCAL GOVERNMENT OFFICIAL'S GUIDE TO'TRANSMITTING ANTENNA <br /> RF EMISSION SAI:.~ ~ Y: RU~ F$, PROCEDURES, AND PRACTICAL GUIDANCE (FCC): <br /> "Moreover, the limits (On RF exposure) themselves are many times below <br /> levels that are generally accepted as having the potential to cause . <br /> adverse health effects. Nonetheless, it is recognized that any instance <br /> of noncompliance with the guidelines .is potentially verY serious, and <br /> .the FCC has therefore implemented procedures to enforce compliance with <br /> its rules. At the same time, state and 'local governments may wish to <br /> verify compliance with the FCC's exposure limits IN ORDER TO PROTECT <br /> THEIR OWN CITIZENS." <br /> <br /> The City seems to be verY accepting of the industry's affirmation of compliance, but <br /> is the City Considering the cumulative effect of multiple antenna array? Is the City <br /> aware that the FCC has inadequate capability to monitor or enforce compliance? <br /> Has the City considered its exposure to litigation from its own citizens? Appendix A <br /> of'the above-referenced FCC publication, under Evaluation Required If, states: <br /> "Pers. onal Communications Services, building-mounted antennas: total power of all <br /> channels > 2000 W ERP." The situation just described serials out serious signals that <br /> the City has been remiss in the area of compliance. See Attachment C, Berjac <br /> Bldg. <br /> <br />EC 9.5750(6)(a) 2. "Documentation demonstrating complianCe with non-ionizing <br />electromagnetic radiation (NIER) standards as set forth by the FCC..." The FCC's <br />standards do not address NIER specifically. The relevant FCC standards are based <br />upon Maximium Permissible Exposure (MPE) to radio frequency radiation at specific <br />power densities. The Code's reference to NIER in this context suggests a flawed <br />understanding of RF prindples.' Code language should use proper terminology. <br /> <br />EC 9.5750(6)(a) 8. "Signature of property' owner(s) on the application form or a <br />statement from the property owner(s) granting authorization to proceed with the <br />development and land use processes." Current code lacks any provision that would <br />require the' telecommunications tenant to make their landlord aware of his/her <br />potential future liabilities, including costs for removal if it becomes defunct. Having <br />reviewed a number of telecommunications leases, we have found it is fairly <br />common practice for the wireless tenant to make his landlord potentially <br />responsible for costs of future removal of the facility should it become defunct. We <br />propose that the landlord should be informed of this potential liability at the time he <br />or she signs the application or authorization to proceed. <br /> <br />EC 9.5750(6)(a) 9. With respect to ancillarY fadlities, whether located on the <br />ground or on a rooftop, site plans should address the need for adequate ventilation <br />of the battery cabinet, and plans to prevent and/or contain leakage of hazardous <br />chemicals. The rationale for this is prevention of chemical hazards, fires and <br />explosions. Regarding chemical hazards, sulfuric acid is present in a typical <br />telecommunications array of 16 one hundred pound batteries in sufficient quantity <br /> <br /> IV-76 <br /> <br /> <br />
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