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9ECEiVEO NYSTROM Steven A ~3Y CITY' From: Jerome LIDZ [jerome.s.lidz@harrang.com] DEC Sent: Tuesday, November 16, 2004 3:44 PM To: Steven.A. NYSTROM@ci.eugene.or.us Subject: Testimony from Pat Evans Steve, This is the e-mail that T-Mobile wants to have included in the record: Jerry: We do 'plan on building several new sites (although perhaps not all cell towers) in the Eugene area over the next cople of years. The primary issue I have with the code change as originally proposed is that it seems that there'has been no GIS review by the City to understand the cumulative effects of the proposed setbacks together with existing restrictions within the current code on the placement of cell sites (including towers). The one instance where T-Mobile has conducted its own study (City of Salem) has indicated that setbacks coupled with limitations on placement within transitional commercial and residential zones results in the majority of the surface area of the City being "off limits" for placement of cell sites. In order to avoid passing legislation that creates a defacto, blanket prohibition on the development of personal communication sites, I would both strongly caution and urge the City Council/Planning commission to direct the Planning Department to come up with a study to demonstrate the impact of the proposed statute on the ability of the wireless industry to place facilities within the boundaries of Eugene. I strongly suspect that the data will show that the proposed code changes will show that the new ordinance (coupled with existing code)will, in fact, create a defacto prohibition · against personal communications facilities within Eugene and thus open the City for a significant, federal legal challenge from T-Mobile and other wireless carriers. In order to avoid that type of a confrontation (in which no one really wins) I would like to make myself available to the Commission staff to craft a GIS study using City resources .... within the next few days if possible. A secondary issue that I also have is the review process. To ask the industry to pay for experts (where none exist) to review its applications for technical issues is a double affront. First, there are no agreed upon technical standards as to what constitutes a "standard" that "experts" can review against...it becomes a matter of the "experts" personal opinion based on years of perhaps good or bad experience in the industry. Second, no other industry (to my knowledge) is subject to such a review prior to siting a business within the City. I would argue, as I have in the past, that there is significantly more clearly and scientifically understood negative health impact from a fast-food restaurant than from a communications facility .... yet no corresponding review is conducted by "experts" from the food industry of requests for placement of a MacDonalds or Burger King. Give me a call at your convenience and we can discuss further. Patrick Evans, Manager, Development Oregon and SW Washington T-Mobile USA 1500 NE Irving Portland, Oregon 97232 PCS: (503) 914-8977 - NEW NUMBER Fax: (503) 736-3014 "Be the change you want to see in the world." -- Gandhi pat.evans@t-mobile.com 1