On Dec. 7, 2011 Verizon Wireless sued the City of Albany CA in federal court to try to overturn the city's wireless regulations as well as the City Council's legitimate decision to refuse to allow upgrades of a non-conforming 65-foot cell tower at 423 San Pablo Ave. The tower exceeds the height limit for that zoning district by 17 feet and is located within 15 feet of an apartment balcony.
ARROW appreciate all the City Council has done to protect Albany neighborhoods from intrusive wireless installations and to minimize their visual and other impacts in commercial districts. The Federal Telecommunications Act of 1996 clearly preserves the zoning authority of local governments, and the Council has made the right decision to fight this lawsuit and protect Albany's right to regulate where cell towers are located, in accordance with the community's values and wishes while still providing excellent wireless service to residents.
ARROW regrets that the city has to waste resources on bully tactics by a wealthy corporation that would like to take away the city's legitimate land use authority. Not only our city's right to regulate placement of cell sites is at stake in these legal actions, but the rights of all cities with similar ordinances.
In November, Crown Castle, the tower owner, filed an application to the California Public Utilities Commission (CPUC) asking the commission to overturn the city's decision regarding the antenna permit. However, appears unlikely that the CPUC will accept this case
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