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Editor: 

Last year, Planning Department staff misled both the City Council and the citizens of Berkeley. They repeatedly claimed that the city could not regulate cell phone and other wireless transmitting antennae except for “aesthetics.” Citizens who protested that they did not want industrial-level transmitting antennae operating right next to their homes and schools were either ignored or treated with contempt. Wednesday the Planning Commission tackled the issue of how these transmitting antennae should be regulated.  

Here’s some background: a year ago a group of citizens from throughout the city joined together to investigate the mindless approval by city staff of every antennae installation in the city. We researched FCC regulations and the law, and quickly found that city employees were completely wrong in contending that the city could not regulate the antennae. In fact, the city has broad powers to regulate transmitting antenna. After numerous presentations by citizens, the City Council finally voted to declare a moratorium on additional antennae installations until the city developed its own ordinance. 

A city employee (with the assistance of lawyers from Nextel) has now developed an “ordinance” that provides no protection at all to those of us who live in Berkeley. It would allow antennae anywhere in Berkeley, based entirely on the “needs” of the industry. The proposal is vague, full of loopholes, and calls for decisions to be made solely on the basis of “data” provided by the industry, with no way for citizens to refute this “data.” 

Even more amazing, the proposal treats residents in the city differently, depending on where they live. It’s no surprise that those of us who live in the Berkeley flatlands near commercial and industrial areas have much less protection than those who live in the more wealthy areas of Berkeley like the Hills. This proposal would concentrate antennae in neighborhoods in the flatlands, and for all practical purposes exclude them from the hills.  

In contrast, our citizens group has developed an ordinance that would forbid these antennae unless they are at least 200 feet from our homes, schools, and parks.  

The city’s proposal is so industry-friendly that it even has an incredible clause that would allow industry and city staff to approve installations based on “proprietary” information from the carrier that will not be public record and will not be available to neighbors. Then after city staff has approved the installation, all this “proprietary” information will be returned to the carrier so that there will not even be any remaining documentation showing the basis for approval. This is completely unacceptable. 

The city employee’s proposal also exempts all antennae located in the public right-of-way. This means that the industry would be able to install transmitting antennae on telephone poles next to homes and schools throughout the city, without any notification to those who live next to them. This is an obvious attempt to secretly place these antennae anywhere in the city that the industry wants them, and our city staff is actually facilitating this effort. 

It’s important to note that we already have thorough coverage throughout the city for cell phones. The industry wants to build new installations in order to increase their capacity for other uses like wireless stock trading, wireless commercial and credit card transactions, and everything else that’s already covered by existing cable and phone systems. In other words, they want to subject the residents of Berkeley to industrial antennae installations right next to their homes and schools simply so they can compete against existing cable and phone lines. Our citizens group agrees that more antennae may be needed, but we firmly believe that the city must listen to the legitimate concerns of the citizens.  

The Planning Commission now has the opportunity to stand up for the citizens of Berkeley and support the ordinance developed by their own neighbors.  

Constance and Kevin Sutton 

Berkeley