By Tricia Toney.
Verizon Wireless has given notice of intent to provide 5G service from its Moffat cell tower, and neither Saguache County residents nor the county commissioners have any say about it.
When Verizon filed an application to the county for this upgrade in February, the commissioners called a special work session to discuss how to manage the news.
Aware that 5G service on cell towers in the valley is a sensitive, controversial issue, they wondered if the county should send press releases or call a town hall-type meeting.
While such a meeting would have allowed citizens to voice support or concerns about 5G service in the area, it would have made no difference, according to legal counsel.
The Spectrum Act, passed by Congress in 2012, reinforces the rights of telecommunications companies to modify and upgrade their equipment without approval from local governments. Verizon’s “application” to upgrade, therefore, was not a request, but a notification.
At the meeting, Commissioner Liza Marron read a summary of the Spectrum Act, as drafted by Saguache County’s legal counsel, Brad Crowell. Following are some excerpts:
“Congress enacted the Telecommunications Act (TCA) in a stated effort to facilitate the deployment of telecommunications infrastructure.”
“The State of Colorado and the federal government have prioritized the deployment of 5G services in order to meet the nation’s broadband needs and facilitate access to the benefits of next-generation technology.”
“Under federal legislation adopted in 1996, local governments (….) are prohibited from regulating the placement, construction or modification of personal wireless service facilities based on the environmental effects of radiofrequency emissions so long as the facilities comply with the Federal Communications Commission’s (FCC’s) regulations on such emissions… Specifically, the County cannot deny granting a cell phone tower application based on the fact it is 5G.”
On May 7, the commissioners approved the application/notification, with a caveat related to an easement through private property owned by Perry Hazard of Saguache. Hazard told the commissioners that Verizon’s site survey of his land misrepresents the easement boundaries and inaccurately describes his land.
Land Use Administrator Amber Wilson agreed not to record the site survey in the official records. Commissioner McCracken suggested an amendment to the acceptance of Verizon’s application, noting that the county did not validate the accuracy of any of the supporting documentation.