Search â–¸ Communication to the City Council
a report from Vice Mayor Jan Devereux, Chair of the Transportation & Public Utilities Committee, for a public hearing held on July 24, 2019 to receive information about the draft Policy and Regulations for Small Cell Wireless Installations on Public Ways under consideration by the Pole & Conduit Commission and the Historical Commission
âš This document is a scan; its text was recovered by optical character recognition and may contain errors. The original PDF is authoritative.
ATTACHMENT A
ANTIOVIS NOVE
TRANSPORTATION & PUBLIC UTILITIES COMMITTEE
DONATA ADI
CO RECIMINE
COMMITTEE MEETING
~ AGENDA ~
Sullivan Chamber
2:00 PM
Wednesday, July 24, 2019
Call of the Meeting
The Transportation & Public Utilities Committee will hold a public hearing to receive
information about the draft Policy and Regulations for Small Cell Wireless Installations on
Public Ways under consideration by the Pole & Conduit Commission and the Historical
Commission.
Opening Remarks and Introductions
Vice Mayor Devereux, Chair of the Transportation and Public Utilities Committee
City Council and City Staff Discussion
City Councillors, City Manager's Office, City Solicitor's Office, City Electrician
Public Comment
Discussion
Adjournment
ATTACHMENT B
City of Cambridge Pole and Conduit Commission's Policy
Regarding Small Cell Wireless Installations on Public Ways
The City of Cambridge ("City") Pole and Conduit Commission ("Commission") hereby adopts
this policy ("Policy") regarding Applications ("Application"') relating to installations of small
cell wireless communications equipment and related infrastructure on or within public rights of
way in the City ("Installations").
I. Application Process
A. Applicants ("Applicants") shall submit Applications to the Commission accompanied
by an Application fee of $500 per Application, payable to the "City of Cambridge."
The $500 fee will cover up to 5 Installations submitted with each Application. Each
Application for more than 5 Installations is subject to a separate fee of $100 per
Installation after the first 5 Installations. Additionally, a $270 fee (which shall be an
"Annual Recurring Fee") for each Installation shall be required to be submitted with
said Application. If the Application relates to a request for installation of a new non-
City owned pole or other structure on or within the public right of way, a one-time
$1,000.00 fee shall be required for each such new pole or other structure in addition
to said Annual Recurring Fee. The amounts due under this section may be revised by
the Commission from time to time, consistent with applicable law. In the event the
City's costs in reviewing any Application exceed the amounts prescribed in this
section, Applicants shall be responsible for those costs.
B. The Application process shall, in addition to the requirements described herein,
follow the Siting Policy of the Commission ("Siting Policy").
C. Applications shall include certified mail receipts evidencing that notice has been
made by certified mail, return receipt requested, to all other wireless providers
("Other Providers"), within the Applicant's knowledge after reasonable inquiry, who
may request use of the public right of way for wireless services in this location and/or
within 500 feet of this location, indicating the Applicant's intent to apply for
utilization of a particular pole or other structure in the public way. Such receipts must
demonstrate that notices were provided to all Other Providers within the Applicant's
knowledge after reasonable inquiry at the time of submission of the Application. In
the event an Applicant cannot demonstrate it has provided notice by certified mail,
return receipt requested, then proof of service of such notice by constable shall be
required.
D. Applicant shall provide an electronic copy of the Application at the time of the
submission of the Application to each the following City departments: the
Commission, the Community Development Department, the Historical Commission,
and any other department that the Commission determines should receive a copy.
E. Upon receipt, the Commission Chair shall make a determination as to completeness
of the Application, including making a determination as to whether the Applicant has .
provided all the above required notices, and notify the Applicant, in writing, within
10 days, if the Application is incomplete. If the Applicant is notified that the
Application is incomplete, the time periods set forth in this Policy shall be tolled until
such time as a complete Application has been submitted. In the event an application
remains incomplete thirty (30) days after its submission, such application shall be
deemed withdrawn without prejudice, and will need to be resubmitted in full,
including payment of fees accompanying a new application: Withdrawal for
incompleteness shall not entitle Applicant to refund of any fees paid.
E. Once the Commission Chair has determined that an Application is complete, the
Commission Chair will schedule and convene a public hearing of the Commission to
consider the Application, such that a determination may be made on any Application
for any Installation(s) on an existing structure within sixty (60) days of initial receipt
of the Application by the Commission, and on a new structure within ninety (90) days
of receipt of the Application by the Commission. The Applicant shall notify all Other
Providers, as applicable, of the hearing date within one business day after such
hearing date is scheduled by certified mail, return receipt requested.. The Applicant
shall, within one buĹźiness day after such hearing date is scheduled, notify to all
owners of properties that share a common boundary with the area proposed,
extending all the way to the owners of properties on either side of the area proposed
in both directions for a distance of one hundred fifty feet, and to owners of property
on the opposite side of the street of the area proposed, or, where the area proposed is
adjacent to an intersection, all property owners in all directions of the public way for
a distance of one hundred fifty feet as described in the previous sentence (hereinafter
"A'butters"), by certified mail, return receipt requested of the scheduled hearing date.
In the event an Applicant cannot demonstrate notice by certified mail, return receipt
requested to the Abutters and Other Providers, proof of service by constable shall be
required. Failure to notify all Abutters and Other Providers; as applicable, may result
in denial of the Application. Alternatively, Applicant may sign an extension
agreement extending the time within which the Commission may respond to the
Application by one week for every extra day that the Applicant needs to notify all
Abutters and Other Providers, with a corresponding ägreement to extend the hearing
date accordingly. In no event shall the notice to Abutter and Other Providers be
received less than one week before the hearing date:
G. If there are any Other Providers who wish to utilize the same location or structure as
described in the Application, then the Application(s) shall together be considered a
common project ("Conmon Project"), and in the Common Project the first Applicant
shall be the "Lead Provider" and shall coordinate the Applications, filings and
responses of all Applications of Other Providers for the subject location involved in
the Common Project, consistent with Section 7 of the Siting Policy.
H. In the event that there are any material changes to an Application, or if the
Application is amended, as determined by the Commission Chair in his or her sole.
discretion, any of these events shall constitute a new Application, for the purposes of
the time standards set forth above in Section (F) above. That notwithstanding, the
Commission and the Applicant may enter into a tolling agreement if additional time iČ™
necessary with respect to a material change to an Application,
I. The Commission may grant, grant with conditions, or deny an Application. A denial
may be based on criteria including but not limited to any of the following:
i) inadequațe capacity of the pole or mounting structure,
2
il) safety concerns or reliability concerns, which are not related to the
environmental effects of radio frequency emissions if the Applicant provides
proof of compliance with federal emission regulations.
iii) failure to meet applicable engineering standards,
iv) failure to meet the Commission's design standards,
iv) failure of the Applicant to comply with all applicable laws, rules, regulations
oi other requirements;
v) there are more convenient or favorable nearby locations such that the applicant
may densify its network through such nearby locations.
vi) any other legally valid reason to deny such Application.
I. Any approval granted to an Applicant shall be only for the specific Applicant and
Application.
II. Content of Applications
Applications shall include the following information, in digital form:
A. Applicant's nanze, addiess, telephone number and email address.
B. Names; addresses, telephone numbers, and email addresses of anyone acting on
behalf of the Applicant with respect to the Application.
C. For installations proposed on City owned structures only, a copy of the standard
License Agreement issued by the City, executed by the Applicant. Full execution
by the City shall occur at the time of permit issuance, in the event of approval.
For installations proposed on non-City owned structures, Applicant shall provide
any license agreement or other documentation showing approval and authority for
attachment to such structure from the owner of such structire, as well as sign the
City's stardard License Agreement for utilizing the public way, executed by the
Applicant. Full Execution by the City shall occur at the time of permit issuance,
in the event of approval: Further, any other required executed agreements, forms
or licenses as determined and provided by the Coinmission:
D. Detailed drawings and descriptions of the equipment to be installed, whether
mounted on poles or on the ground, or otherwise, including:
i. Type of equipment
li. Specifications of equipment (including but not limited to dimensions and
weight).
ili. Equipment mount type and material
iv. Power source or sources for equipment; including necessary wires, cables,.
and conduit, distance and direction from the power sources, and maps of
any proposed excavation, and extent of excavation needed.
v. Rendering and elevation of equipment
•vi. Photo simulations, from four different angles; showing the pole and
streetscape before the installation, as well as after installation.
vii. If the equipment is proposed to be mounted upon a pole; a signed affidavit
by a licensed and registered engineer that such equipment could not be
installed underground, and if any of the equipment could be located
underground, that such equipment is planned to be so located: If feasible,
3
undergrounding may or may not be required based upon the discretion of
the Commission:
E. Detailed map in a digital format acceptable to the Commission with locations of
the poles or other property on which equipment is to be located, including specific.
pole identification number, if applicable, and the areas it will service.
F. Detailed map in a digital format acceptable to the Commission showing the
Applicant's existing and proposed Installation(s) within 500 feet of the
Application site and amount of cellular coverage in the area, including the amount
- of cellular coverage in such area, and evidence that the proposed Installation is
needed to prevent a material inhibition of wireless services.
G: Certification by a registered professional engineer that the pole or property will
sately support the proposed eguipment.
H. Affidavit from a Radio Frequency Engineer outlining the network/network
service requirements in the City and how the Installation(s) address that need in
the City, Such affidavit shall characterize the current level of coverage and how
the desired Installation(s) will change the current level of coverage, through or
with coverage maps, including current and proposed coverage, including a
breakdown of "excellent" "good and "poor" reception area, and any further
evidence showing that the lack of the Installation would materially inhibit
wireless services.
I. Insurance certificates with the following minimum coverages: General liability
insurance in an amount not less than $1,000,000 per occurrènce and $2,000,000 in
the aggregate, worker's compensation insurance not less than the amount of
$100,000 per accident and $500,000 per illness or the statutorily required amount;
whichever is greater, and umbrella insurance in an amount tot less than
$5,000,000. The City must be an additionally named insured, and such policies.
shall indicate that the insurance company shal! provide thirty: (30) business days!
prior written notice to the City of lapse or cancellation. All insurance carriers
shall carry an A.M. Best rating of "A-" or better. Such insurance shall provide
for the waiver by the insurance carrier of any subiogation rights against City, its
agents, servants and employees:
J. Description as to why the desired location is superior to other similar locations,
from a community perspective, including, but not limited to
i. Aspects showing that the Installation will not incommode the public way;
ii. Visual aspects: and
iii. Proximity to residential buildings and descriptions of efforts to prevent
any blocking of views from windows..
K. An affidavit froin the Applicant which certifies that it will maintain the
Installation(s) in good repair and according to Federal Communications
Commission standards and will remove any. Installation not in such good repair,
or not in use, within 60 days of being no longer in good repair or no longer in use.
L. Description of efforts to co-locate the Installation(s) on existing structures, poles,
or towers which currently exist or are under construction pursuant to the Siting
Policy. A good faith effort to co-locate is required and written evidence of such
efforts must be submitted with the Application, all pursuant to the Siting Policy.
Further, this Policy encourages multiple wireless carriers to collocate their
4
wireless communications equipment and related infrastructure on an existing pole
or support structure.
M. Evidence that Installation(s) shall comply with the Installation and Design
Requirements of Section V. of this Policy.
N. Proof that all other Installations by the Applicant or parent company which are no
longer in use has been removed or turned over to the City and the annual re-
certification has been submitted for such Installations, and all fees and fines paid
with regard to such Installations.
O. Documentation showing Applicant is in good standing and currently licensed by
the Federal Communications Commission, and the proposed Iristallation shall
comply with any regulations of the Federal Communications Commission.
III. Annual Re-Certification and Affidavit
A. Each year on January 1 the Applicant shall submit an affidavit to the Commission
which shall list, by location, all Installation(s) it owns within the City by location,
and shall ceitify the following: (1) each Installation that remains "in use;" (2) that
such Installations remain covered by insurance; and/or (3) each such Installations
are no longer in use.
B. The Applicant shall pay an annual re-certification and public way fee of $270 per
Installation to the Commission.
€. Any Installation which is no longer in use, abandoned or is no longer authorized
to operate by law or other regulation, shall be considered in default and removed
or turned over to the City after all small cell Installation equipment has been
removed at the discretion of the City, as provided in the License Agreement to be
entered into with the City.
D.. Where such annual re-certification has not been timely submitted, or an
Installation no longer in use has not been removed or turned over to the City after
all small cell Installation equipment has been removed at the discretion of the
City, as provided in the License Agreement to be entered into with the City, any
further Applications by the Applicant will be deemed incomplete due to failure to
include proof that all Installations by the Applicant or its parent company which
are no longer in use have been removed or turned over to the City. and the annual
re-certification has been submitted and all fees and fines paid.
IV.
Prohibitions
A. No Installations will be permitted to be installed on double poles;
B. No Installations will be permitted to be installed on poles which result in non-
compliance with any applicable federal, state and/or local laws, rules and
regulations;
•C. No Installations shall remain upon the City right of way or on City property which
zas not been certified as "in use" in the annual re certification affidavit; and
). No: Installations will be permitted to be installed on any traffic signal pole or other
related infrastructure or equipment.
5
E. An Applicant may submit an Application inconsistent with the foregoing:
prohibitions, but only if accompanied by evidence sufficient to demonstrate that
the otherwise-prohibited Installation must be considered by the City in order to
avoid a prohibition or effective prohibition on the provision of service, as defined
by applicable federal law.
V. Design and Location Requirements for Installations
The purpose of the Design and Location Requirements for Installations is to preserve the
character of Cambridge's neighborhoods and commercial corridors.
A. Intent of the Design and Location Requirements for Installations:
i.
Minimizing visual as well as physical clutter to the maximum extent possible.
ii.
Maintaining publie open spaces and parks clear of visual clutter of communication
and signage elements.
ili.
Discouraging placement of Installations on decorative pedestrian municipal street
lights.
iv..
Standardizing components of Installations, e.g., size, scale; color, location to be
consistent with character of existing public infrastructure in the public right of way.
v.
Avoiding siting of Installations in front of designated historic structures, landmarks,
parks or impacting view corridor to major natural, cultural, or historic resources.
vi.
Reducing visual clutter as much as possible by collocating Installations onto existing
infrastructure.
vii.
Maintaining the consistency of character of the neighborhoods in Cambridge.
B. Siting Requirements:
All Installation(s) shall comply with the following requirements:
No Installations should be located closer than 150 feet radially from another
i.
Installation.
In commercial districts and major city squares such as Harvard Square, Central
ii.
Square, Inman Square, Porter Square and Kendall Square, Installation should not
be located directly adjacent to a preexisting pole with a previously approved
Installation.
ili.
To the maximum extent possible, Installations shall be placed on existing non-
decorative light poles such as the "Cobra' and the '1907 Teardrop'. With respect
to Cobra Head poles, all antennas, equipment, wiring and cabling shall be built
within the pole itself, which allow for multiple carriers in one pole, similar in
design to the "Smart Fusion Pole."
iv:
All equipment associated with an Installation shall be consistent with ADA
regulations.
V.
No Installation shall be located less than 6 feet from an existing building wall.
No equipment associated with the Installation, including backup power supply or
base equipment cabinet shall be installed in the pedestrian walking area or
amenity zone of the sidewalk, where site furniture including seating or bike racks
are located
vii.
Installations shall not obstruct ADA access and circulation including maintaining
clear landing at the top of crosswalk curb ramps and ininimum distance between
the base of the new Installation and any other obstruction such as building walls
or other elements and shall not incommode the public way..
vili.
Where possible, Installations shall be in a straight line with existing utility poles,
street lights and street trees in the right of way,
ix.
No Installation shall be placed less than 6 feet away from the edge of a driveway.
of a residential or commercial property; and shall be placed at least 15 feet from
the edge of the curb of public right of way where possible.
x.
Installations shall not be placed in front or within 6 feet of a residence's windoi;
door openings, porches or balconies.
xi.
No Installation shall be placed where, in the determination of the City, it would
limit the City's ability to plant future: street trees baĹźed upon the existing City
plans for planting of street trees.
xii.
No Installation shall be placed where, in the determination of the City, it would
limit the City's ability to install any city infrastructure, transportation elements or
facilities including bike lanes, bike racks or other street furniture and the like
based upon existing City plans for installation of such facilities.
xiii.
Where the City has planned a redevelopment or change to a street, sidewalk,
square, or other area of the City, Applicants shall remove thei Installation at their
own cost within 60 days of notice by the City, and may apply to re-install their
Installation in a different location upon the City's redevelopment or change to
such area.
Xiv.
In residential zoning districts, Installations should not be placed directly in front.
of a building. Where there is a side yard setback with open space or other space;
preference shall be given to applications to locate an Installation on the public
way in front of a side yard setback.
XV.
For properties under the jurisdiction of the Cambridge Historical Commission,
Applicants for Installations shall apply for a certificate from the Cambridge
Historical Commission.
xVi.
Applicants of proposed Installations must consider other optional siting locations
to avoid placing Installations in-front of storefront windows, primary entrances,
exits, in front of primary walkways or area in such a manner that would hinder
service to the building or delivery.
xvii.
In residential zoning districts, new poles for Installations must be located at the lot
line between properties.
xviji.
New Installations shall not be placed where they obstruct the sight line of any
intersecting street or public alley. A minimum of fifteen feet (15°) shall be
maintained between the new Installation and the outside edge of the street curb or
public alley.
xix.
The design and location of Installations shall be consistent with the current
Manual on Uniform Traffic Control Devises (MUTCD) and adopted Cambridge
standards for intersections" sight lines triangles:
Siting for utilization of existing utility or City-owned poles or other City-owned
*x.
property, for Instailations will be given priority, and any requests to install a new
structure in the public way shall be discouraged.
xxi.
Proposed Installations shall avoid areas where significant excavation is required
for installation of power and conduit. Installations which will have minimal.
disruption to the integrity of the public way, with more limited excavation are
preferred and encouraged, unless such excavation is for purposes of installing.
underground cabinets, antennae and other equipment.
Pole Design and Overall Height
VI..
A. If Installation are proposed to be mounted on any of the City's existing single
Acorn or single Saturn poles, the existing pole shall be replaced with a double.
luminaire fixture of the same design for purposes of aesthetics.
B. If the Applicant proposes to replace an existing decorative polé with a new
Installation, the Applicant shall replicate the existing pole design and overall
dimensions.
C: Any installations at the site of an existing pole shall not extend the overall height
of the pole to more than 30 feet high or by more than 10% of the existing pole
8
height, whichever is less except for "whip anterinas" which shall be no higher
than 30 inches high by 2 inches in diameter and shall have an antenna mount Ino
more than 45 inches high by 4.5 inches in diameter.
D. In residential zoning districts, top mounted antennas on Installations shall not
increase the height of the existing pole by more than 5 feet..
E. No Installation shall be higher than 30 feet or more than 10% higher than other
adjacent poles, whichever is less.
VII. Equipment Cabinet, Equipment Shroud, Antenna and Antenna Shroud
A. Where technically feasible, equipment cabinets for Installations shall be located
underground: All such below ground equipment may not be located in the street
but may be located under the sidewalk.
B. Any above ground or pole mounted equipment cabinet shall be no more than 36
inches highi, no more than 18 inches wide and no more than 12 inches deep: Any
above ground or pole mounted equipment cabinet shall be installed with the 18
inches side parallel to the sidewalk. Hardware, anchors and straps to the pole shall
match the pole color and finish.
C. Equipinent cabinets shall be pole mounted at least 10 feet high on Installations.
which are less than 25 feet high, or at least 12 feet high on Installations which are
greater than 25 feet high.
D. Pole mounted equipinent cabinets shall not be mounted on the street side of the
Installation.
E. Antennas of Installations greater than 25 feet high shall be no more than 24 inches
high by 16 inches in diameter.
F. Antenna's conduits, brackets and hardware shall be hidden from view. All
associated wiring and cable shall be installed within the Installation, except for
Installations upon a wooden pole, which in such case, wiring and cabling shall be
shrouded and painted to match the wood on the pole.
G. Antennas mounted on Installation which are greater than 25 feet high shall
iclude a tapered transition piece between the antenna and the poie top for
amless extension of the existing pole. The tapered transition piece shall be t
more than 16 inches in diameter and 24 inches high.
H.. Antenna enclosures on Installations that are more than 25 feet high shall be no
wider than 150 percent of the diameter of the pole or support structure and shall
not be more than 16 inches in diameter or whichever is less, and shall be no more
than 24 inches in length.
9
I. Antenna mounted on top of Installations that are less than 25 feet high shail be no
greater than 30 inches high nor greater than 2 inches in diameter and shall have an
antenna mount no greater than 45 inches high nor greater than 4.5 inches in
diameter.
VIII. Color, Finish, Signage, Logos and Decals
A. All Installations shall match the existing and adjacent street light poles colors.
B.. No exposed wires or conduit shall be permitted on any Installation except on
existing wooden poles; and Installations are installed on existing wooden poles,
they must conform to the utilities! "Construction Requirements for Distributed
Arterina Systems (DAS) on Electric Distribution Poles.
E. No Signage/Decals or Logos of the Applicant, other than FCC required signage,
shall be placed on any Installation.
i. Signage: Unless required otherwise by state, federal or local laws, rules or
regulations, signage shall not exceed 4 inches by 6 inches and must be
attached or anchored with material to match the pole color and finish of
the Instaliation. Applicant shall only post its or the manufacturer's name,
location, pertinent and emergency contact information in an area on the
cabinet that is visible to the public and shall do so only as permitted or
required by state, federal or local laws, rules or regulations. Where no
equipment cabinet exists on an Installation, the signage shall be located at
the base of the Installation.
ii. Applicants shall remove or paint over manufacturer decals without
compromising the surface, color or finish of the InstallatiĂłn's base
material. The color and finish of the Installation shall match or be as
approved by Cambridge Historical Commission staff. No advertisement
for the Applicant or manufacturer of the Installation shall be allowed
except displaying information as permitted or required by federal, state or
local laws, rules or regulation.
ill. Required equipment warning stickers: applicants shall use only the
smallest and lowest visibility warning stickers allowed by federal, state,
local laws, rules or regulations.
iv. Equipment cooling fans: In residential zoning districts, if equipment
cooling fans are required, the Applicant shall rise equipment cooling fans
with the lowest noise level and shall not exceed the levels allowed in the
City's noise ordinance.
June 10, 2019
10
ATTACHMENT C
Walker, Liz
From:
Devereux, Jan
Sent:
Monday, July 29, 2019 11:25 AM
To:
Walker, Liz
Subject:
RE: Comments for 5G meeting at Wednesday's Transportation and Public Utilities
Committee meeting
--- Forwarded message --------
From: Gene Dolgin <[email removed]>
Date: Tue, Jul 23, 2019 at 11:49 PM
Subject: Comments for 5G meeting at Wednesday's Transportation and Public Utilities Committee meeting
To: <PCrane@cambridgema.gov>
Cc: <ckelley@cambridgema.gov>
(for the public record)
To whom it may concern,
I am writing with regard to the small cell equipment being planned and installed by various telecom contractors in the
area. Specifically, I strongly support the "City of Cambridge Pole and Conduit Commission's Policy Regarding Small Cell
Wireless Installations on Public Ways" as it gives the city some recourse in dealing with the barrage of attachment
requests they're dealing with, and some control (though more is better) over how and in what manner the equipment is
installed.
For example, the equipment installed on a pole near my house went from a relatively small set inline with the pole, to an
unsightly piece of equipment nearly 2x the size (in width and depth, in particular). Under the new regs, this would no
longer be allowed, I believe. And if it is allowed, I highly encourage the regulation to become even more stringent.
Original small cell equipment:
New equipment - much wide, deeper, and unfortunately just as noisy (despite promises to the contrary):
To the extent possible, I strongly encourage the city, associated boards, and councilors to re-examine the in-process
and already installed equipment for compliance with the regulations.
Gene Dolgin
3
ATTACHMENT D
Assistant City Solicitors
Nancy E. Glowa
Paul S. Kawai
City Solicitor
Keplin K. U. Allwaters
Arthur J. Goldberg
Sean M. McKendry
Megan B. Bayer
Deputy City Solicitor
Brian A. Schwartz
Samuel A. Aylesworth
Katherine Sarmini Hoffman
First Assistant City Solicitor:
Public Records Access Officer
Seah Levy
CITY OF CAMBRIDGE
Office of the City Solicitor
795 Massachusetts Avenue
Cambridge, Massachusetts 02139
July 29,2019
Louis A. DePasquale
City Manager
City of Cambridge
Cambridge, MA 02139
Re:
Awaiting Report No. 18-137, Policy Order No. O-18 of 12/3/18 Re: Report on
Reviewing FCC Regulations on Small Cell Technology
Dear Mr. DePasquale:
This is in response to Awaiting Report No. 18-137, Policy Order No. O-18 of 12/3/18,
regarding the request that the City Manager instruct the City Solicitor to review the FCC's
("Federal Communications Commission") Regulations on Small Cell Technology and report
back to the City Council.
The FCC issued a Declaratory Ruling and Third Report and Order, dated September 26,
2018 ("FCC Order"), which requires that municipalities such as the City allow wireless
companies to attach wireless telecommunication infrastructure such as wireless equipment and
antennae to City infrastructure in the public right of way for Small Wireless Facilities,' and
1 The FCC Order defines Small Wireless Facilities as follows:
(1) The facilities-
are mounted on structures 50 feet or less in height including their antennas as defined in section
(1)
1.1320(d) [of Chapter 47 of the Code of Federal Regulations], or
(11)
are mounted on structures no more than 10 percent taller than other adjacent structures, or
do not extend existing structures on which they are located to a height of more than 50 feet or by
(ili)
more than 10 percent, whichever is greater;
(2) Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the
definition of antenna in section 1.1320(d)[of Chapter 47 of the Code of Federal Regulations]), is no more
than three cubic feet in volume;
(3) All other wireless equipment associated with the structure, including the wireless equipment associated
with the antenna and any pre-existing associated equipment on the structure, is no more than 28 cubic feet
in volume:
(4) The facilities do not require antenna structure registration under Part 17 of [Chapter 47 of the Code of
(5) The facilities are not located on Tribal Lands, as defined under 36 CFR 800.16(x); and
(6) The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety
standards specified in Section 1.1307(b) [of Chapter 47 of the Code of Federal Regulations].
FCC Order, at Paragraph 11, n. 9.
TTY/D [phone removed]
Facsimile [phone removed]
Telephone [phone removed]
2
provides that the City may only charge fees that are "a reasonable approximation of the [City's]
costs," which are "specifically related to and caused by the deployment," such as "the costs of
processing applications or permits, maintaining the right of way, and maintaining a structure
within the right of way." FCC Order at p. 26. This is a change from the previous position taken
by the FCC, wherein the City was permitted at its discretion to lease or license its infrastructure
in the public right of way under market terms and could refuse to do so if the terms. were not
acceptable to the City.
The FCC Order has established restrictive parameters when charging wireless companies
for the use of the public way for wireless telecommunication infrastructure. Specifically, the
FCC Order provides that there is a presumption that the following fees would not be prohibited
as they would represent a reasonable approximation of a municipality's costs: "(a) $500 for non-
recurring fees, including a single up-front application that includes up to five Small Wireless
Facilities, with an additiona! $100 for each small Wireless Facility beyond five, or $1,000 for
non-recurring fees for a new pole (i.e., not a collocation) intended to support one or more Small
Wireless Facilities; and (b) $270 per Small Wireless Facility per year for all recurring fees,.
including any possible Right of Way access fees or fee for attachment to municipally-owned
structures in the" public right of way. FCC Order, p: 42.
Further, the FCC Order provides that after an application to attach wireless equipment to
an existing street light pole or other structure is submitted, the City must grant or deny such
application within 60 days for an existing pole, and 90 days for an application to construct a new
pole in the public right of way, and may only deny an application if such denial would not
"materially inhibit" the provision of wireless services.
The FCC Order provides that the City
may still regulate aesthetics of the installations, but on a limited basis, as such aesthetic
regulations must be "technically feasible and reasonably directed to avoiding or remedying the
intangible public harm of unsightly or out-of character deployments;" they must be "objective-
ie., they must incorporate clearly-defined and ascertainable standards, applied in a principled
manner-and must be published in advance," and they must be "reasonable," and "no more.
burdensome than those applied to other types of infrastructure deployments" FCC Order, p. 45.
In response to the FCC Order, on May 10, 2019, the City of Cambridge Pole and Conduit
applications for grants of location upon the public way in the City for small cell wireless
equipment, including aesthetic regulations for any such proposals, and requested public comment
with regard to the proposed policy. After having received public comment, the Pole and Conduit
Commission adopted an interim policy ("Interim Policy") at a hearing on June 10; 2019, a copy
of which is attached hereto. The Pole and Conduit Conimission is still in the process of making
additional changes to the Interim Policy, and a further hearing related to such Interim Policy is
scheduled for July 25, 2019.
Very Truly Yours,
Nancy E. Giowa
City Solicito
2
ATTACHMENT E
Walker, Liz
From:
Devereux, Jan
Sent:
Monday, July 29, 2019 11:36 AM
To:
Walker, Liz
Subject:
RE: 5g small cell wireless installations
From: Isabelpraeger < [email removed]>
Sent: Tuesday, July 16, 2019 12:26:00 AM
To: City Council
Subject: 5g small cell wireless installations
Ladies and Gentlemen of the City Council;
My name is Isabel Praeger. I am a Cambridge resident, a nurse and a health care practitioner who has studied the 5g
Issue extensively.
The following information pertains to the installation of 5g cell phone towers in Cambridge and is vitally important. Life on
earth is more important than a fast internet.
International Appeal to Stop 5g on Earth and in Space;
As of June 7, 2019 there are 100,091 signatures from 187 countries to the following petition:
To the UN, WHO, EU, Council of Europe, and governments of All Nations,
We, the undersigned scientists, doctors, environmental organizations, and citizens from (187) countries urgently call for a
halt to the deployment of the 5g wireless network, including 5g from space satellites. 5g will massively increase exposure
to radio frequency radiation on top of the 2g, 3g, 4g networks for telecom already in place. RF radiation has been proven
harmful for humans and the environment that is defined as a crime under International Law.
5g facts;
5g download speeds are 20 to 30 times faster than 4g and 5g promises radio millimeter bands (frequencies) in the 30 to
300 Ghz range, while 4g tops out at around 6 Ghz. Speeds up to 60 to 120 times faster. The higher the frequency the
more dangerous it is to living organisms and the earth.
The beaming of millimeter length microwaves at the earth from 20,000 satellites to be launched by 4 companies to emit
radiation to 5g cell phones and towers all over the earth is planned
4g wavelengths travel along the surface of the skin when 5g wavelengths that are emitted over skin will automatically be
absorbed into the body.
Because 5g frequencies are so strong they can only travel short lengths, thus one tower per the necessary 2 to 8 houses
will exponentially increase exposure to radiation. 5g cell towers everywhere will destroy the beauty of nature in Cambridge
on top of the overpowering amount of radiation killing wildlife.
The deployment of 5g violates at least twelve International laws including The Nurenberg Code 1947), Resolution 1815
(Council of Europe, 2011) and The Outer Space Treaty, 1967.
California Governor, Jerry Brown has vetoed a bill that would have given more power to telecom companies and less
power to local cities and towns in blocking 5g cell towers. Mill Valley and 2 other towns in California have banned the
deployment of 5g cell towers. Brussels, Belgium and Geneva, Switzerland have banned 5g cell towers for health reasons.
The evidence that RF radiation is harmful to life is already overwhelming. The accumulated clinical evidence of sick and
injured human beings, experimental evidence of damage to DNA cells and organ systems in a wide variety of plants and
animals and epidemiological evidence that many major diseases are in large part caused by electromagnetic pollution
forms a literature base of well over 10,000 peer-reviewed studies. When 5g was recently tested at The Hague in Holland,
1
over the period of a few days 339 birds fell dead out of the trees. 5g is an unpresidented technology of millimeter waves
previously used as an energy weapon in military operations and crowd control.
5g satellites will use closed array antennas to shoot beams of radiation at 5g cell phones. The total number of satellites. to
be put into low and high orbit by several companies is 20,000. This will cause an environmental catastrophe from rocket
fuel used to launch the satellites - ozone depletion and black soot. Mercury-based rocket fuel could spread neurotoxins
over the earth causing disease. With life expectancy of only 5 years when the satellites fall to earth all the hazardous
material in them will be released into the air.
Resolution 1815 (Council of Europe, 2011) states Take all reasonable measures to reduce exposure to electromagnetic
fields, especially to radio frequencies from mobile phones, and particularly from the exposure to children and young
people. The Nurenberg Code applies to all experiments on humans, thus including the deployment of 5g with new; higher
radiation exposure that has not been pre-market tested for safety: The Outer Space Treaty 1967 requires that the use of
outer space be conducted so as to avoid harmful contamination and adverse changes in the environment of the earth.
CLEARLY 5g DEPLOYMENT VIOLATES INTERNATIONAL LAW!
The shorter millimeter waves required by 5g are more hazardous to human beings because of the intensity of the
technology, it will use millions more towers than before. These towers are not only dangerous, thy are lethal - and should
be considered a crime against humanity and the environment. Lloyds of London and other insurance companies are
refusing to underwrite all and any damage caused by EMF's, mobile phone towers and 5g..
If the telecom industry's plans come to fruition, no person, no animal, no bird, no insect and no plant on earth will be able:
to avoid exposure; 24 hours a day, 365 days a year, to levels of RF radiation that are tens to hundreds of times greater
than what exists today, without any possibility of escape anywhere on the planet. These 5g plans threaten to provoke
serious, irreversable damage to all of the earth's ecosystems. Immediate measures must be taken to protect humanity
and the environment, in accordance with ethical imperatives and international law. It is not fun to be on the wrong side of
a class-action lawsuit.
In the U:S: the power to license and erect 5g cell towers all over the place ultimately lies with the state and city
governments, as been aptly shown in California. I do not care what the reason for stopping this insanity is, whether it be to
save the environment, prevent out neighborhoods and parks from being overrun by hoards of ugly cell towers, or God
forbid, to save all human beings on earth. The facts speak for themselves. Many people are alarmed by this issue. Many
see that life on earth is more important than a fast internet. Do not let the telecommunications companies wreak havoc.
Does the Cambridge City Council really want to license 5g cell towers al! over Cambridge that will connect with 20,000
satellites and spread immense amounts of radiation all over the world? Do not you want to see your children grow up?
Please google 5g dangers and read the details of the appeal to stop 5g on earth and in space as well as the many other
websites on 5g dangers.
Thank you for your kind attention,
Isabel Praeger
2
ATTACHMENT F
Devereux, Jan
H Hardouf < [email removed]>
From:
Sent:
Wednesday, July 24, 2019 6:25 PM
Devereux, Jan
To:
City Council
Cc:
Information about theharmful effects of 5G Technoloogy
Subject:
Attachments:
5G Ready.doc; 5G Threatens Weather Forecasting.doc; 5G -- Great Tech or Great
Threat.doc; 5G Wireless Tech War Against Humanitiy.doc
H. Fleishon
100 Landsdowne Street
Cambridge, MA 02139
[phone removed]
Dear Vice-Mayor Jan Devereux,
Here are some articles with references and citations that I want to share with the committee. I
downloaded and converted them to Word docs. I am appealing to the committee to please
educate yourselves about the dangers this technology poses to the entire planetary ecosystem
Virus-free. www.avast.com
1/15
"5G Ready"? UK Government's "5G Rural First": "Dangerously
High" Levels of Electromagnetic Field Radiation (EMF) in
Southern England.
Glastonbury Festival-goers Are Walking into an EMF Minefield
By Annie Dieu-Le-Veut
Global Research, June 26, 2019
The Holistic Works
25 June 2019
Click to read this article in your browser
This weekend, a group of us drove around the site of Glastonbury Festival in Pilton,
Somerset UK). We had an electromagnetic field radiation detector that was conținually
bleeping alarmingly and flashing red, indicating that the EMFs it was detecting were way
above World Health Organisation recommended safety levels. They were penetrating on
to the main road which runs past the site, and there were several hotspots in the quaint
little village of Pilton itself, including the village hall and the Working Men's Club.
A couple of weeks before, 1 had attended a meeting of Pilton's parish council. It was
standing room only as residents packed in to express their dismay about a
telecommunications mast that had been erected, without any consultation with them, in
the children's skateboard park. Engineers had informed one of them that it was going to
be made "5G ready" at the end of May, in time for the music festival.
We are now beginning to receive reports from inside the site of dangerously high levels
of EMFs. On-site workers have been reporting bad headaches, nosebleeds and
digestive issues. And this is all before the bulk of the campers arrive on Wednesday.
So one can only assume that matters will get far worse once hundreds of thousands
of smart phones turn up.
5G technology was installed at Glastonbury Festival this year by EE as part of a
governmental agenda called 5G Rural First. This is a promotional push dreamed up by
urbanite marketeers that purports to be about giving better Internet access to country
dwellers. In reality, though, good folks have paid ÂŁ250 a ticket to be used as guinea-pigs
in a 1.4 square mile test bed for an untested technology that could have serious
implications for their health.
2
Partners of 5G:Rural First include: US telecommunications giant Cisco, Microsoft, the
BBC and British Telecom, the owners of EE who are bringing 5G to Glastonbury
Festival:
5G Rural First also has test beds on the Orkney Islands and Shropshire and it claims
its technology will help dairy cows perform better. But they are ignoring the evidence
of 230 scientists and doctors who are appealing to the World Health Organisation to
move the 5G wireless signal from a Group 2B carcinogen to a Group 1, the same as
asbestos and arsenic.
They believe that the dangers to health from 5G include increased cancer risk, cellular
stress, harmful free radicals, genetic damages, structural and functional changes to the
reproductive system, learning and memory deficits, neurological disorders, and negative
impacts on general well-being. And the damage goes well beyond the human race; there
is growing evidence of harmful effects to plants, insects and animals.
So where are the protests to halt this threat to our health and well-being?
Well, we cannot turn to Extinction Rebellion for help. Last month's state-organised
protests by their "actorvists"
against climate change, which brought central London to
a standstill, were to provide "hearts-and-minds" support for the zero-carbon-by-2050
promises made by Theresa May in the dying days of her premiership that, unwittingly
or not, will bankrupt the country over 30 years.
One of Extinction Rebellion's founder directors, Gail Bradbrook, went on to head up
Citizen's Online as a "digital inclusion strategy specialist consulting with a wide range of
clients such as EE, London Connects and the Cabinet Office." There is also a former
head of Exxon Mobil on its board as well as Lord Anthony Tudor St. John, a senior
consultant to Merrill-Lynch and legal counsel to Shell. Shell is heavily invested in the
satellite and aerospace industries, which will be involved in the rollout of 5G.
So what about the Greens? Surely they will be concerned about a new technology
that will require the culling of thousands of trees, to successfully transmit its signals?
Well, Caroline Lucas and Co were very late to the party, As recently as September
last year, she was supporting the "smart agenda" although the Greens are now talking
about conducting a moratorium while the safety risks are assessed.
Glastonbury Town Council, made up largely of Greens, has also been foot-dragging on
the issue. It is only now making efforts to catch up with the local grassroots anti-5G
movement which had been vigorously trying to draw their attention to the problem for
3
months. However, it is too little; too late: One of the worse EMF hotspots we found on
Sunday was when we drove past the entrance to the Chalice Well Gardens at the bottom
of Goursing Batch, just before the town.
Glastonbury Town Council is not responsible for the festival site at Pilton, which is in its
own parish, and that is why so many of us attended their parish council meeting a few
weeks ago. However, it has made no difference. Michael Eavis, the festival's farmer
founder whose daughter Emily now heads up the four-day event, was leafleted by a local
campaigner in Tesco's the other day: She said he got annoyed with her and replied:
"Young people are the cause. I'bet you have a phone."
In response, she pulled out of her bag a decidedly unsmart, out-of-date Nokia that, she
informed him, was only used for emergencies.
Eavis then told her that he didn't own a mobile phone. Make of that what you will.
5G Threatens Weather Forecasting.
Devastating Health Impacts
- Global Research - Centre for Research on Globalization
It comes as no surprise that the American public remains oblivious to a not-so-
slight glitch in the 5G Race with China as the US strives to be the first, the best
and most technologically advanced country in the world with its guarantee of a
Brave New World. But then, many Americans are unaware of the ....
https://www.globalresearch.ca/5g-threatens-weather-forecasting-devastating-
health-impacts/5683373
Alliance for Natural Health
5G: Great Tech or Great Threat?
MAY 28, 2019
Despite lack of testing; 5G is being launched in neighborhoods
nationwide. Action Alert!
Recently, Verizon announced it would launch the next
generation of wireless technology in dozens of cities by the
end of 2019. The technology has already launched in Chicago
and Minneapolis, and the company listed twenty more cities
that can expect to see 5G network rollout in the coming
months, with more locations to be announced. Yet there are
still a number of critical safety questions to be answered.
Simply put, we do not know the human health implications of
launching 5G networks on a wide scale-and what information
there is gives grave reasons for concern.
5G networks will be substantially different than the 4G
networks currently in use. Whereas current 4G networks use
up to 6 GHz, 5G will use frequencies between 24 GHz and
100 GHz, known as millimeter-wave frequencies. These
smaller waves are more easily blocked by trees, buildings, and
other objects in the world, which necessitates erecting many
"small cell" towers to support the network. This means that
dozens of these unsightly "small cells" will be installed in your
neighborhood, which will emit millimeter waves and bathe
neighborhoods in
radiation.
In previous articles we've reviewed both the lack of safety
testing on 5G networks and the evidence of negative health
effects that could result from widespread use of this
technology. A group of hundreds of scientists from around the
world recently sent a letter to the United Nations and the
World Health Organization warning of "serious concerns
regarding the ubiquitous and increasing exposure to
electromagnetic fields (EMF) generated by electric and
6
wireless devices.
" The scientists explain that EMF "affects
living organisms at levels well below most international
guidelines," causing increased cancer risk, cellular stress,
increase in free radicals, genetic damage, changes to the
reproductive system, learning and memory deficits, and
neurological disorders.
Recall, too, that 5G networks will expose us to EMF at an
unprecedented scale. As Verizon boasts on its website, the
"Internet of Things" will thrive on 5G technology. The Internet
of Things refers to the expanding number of devices,
appliances, utilities, and other technologies that collect,
transmit, and share data through the internet. Many processes
that have not previously relied on the internet will start to once
5G roles out: switching light bulbs on or off with a smartphone
app, driverless cars-even "smart cities" that will use wireless
networks to collect and analyze data about the environment,
traffic, water, transit, lighting, waste management, security,
and parking. Our environment will be saturated with EMF.
The scientists" letter did not even list all of the dangers.
Millimeter wavelengths present new threats to human health:
Israeli researchers found that our sweat ducts act as
antennas for millimeter waves, meaning we would absorb
more of this energy into our bodies. Millimeter
wavelengths are also used in crowd control systems, making
people caught in the high-powered millimeter wave feel like
their skin is on fire.
Most disturbing of all is the lack of long-term research on
exposure to millimeter waves, yet telecom companies are
working with the federal government to railroad
communities into adopting 5G networks. The FCC recently
approved rules that limit the fees local governments can
charge telecom companies for use of public utilities and
property. The rules also limit cities' ability to control the look
and design of small cells.
We cannot let special interests and the federal government
treat us like guinea pigs. We must demand that more research
be done before telecom companies are allowed to implement
5G networks.
7
Action Alert! Write to Congress and the FCC to demand that
more research be done on 5G before this technology rolls
out. Please send your message immediately.
5G Wireless Technology Is War against Humanity
This article was first published in February 2019.
Disclosure about SG — and its considerable risk for humanity — is occurring within the United
Nations: This is thanks to longtime UN staff member and whistle-blower Claire Edwards, who recently
contacted me with this powerful story which touches all of humanity and our shared future. Watch the
interview above; or on YouTube here or on Facebook herÄ™. - Josh del Sol Beaulieu
****
The first eight months of WWII with no fighting was called The Phoney War. Using millimetre waves
as a fifth-generation or SG wireless communications technology is a phoney war of another kind.
This phoney war is also silent, but this time shots are being fired - in the form of laser-like
beans of electromagnetic radiation (EMR) from banks of thousands of tiny antennas - and
almost no one in the firing line knows that they are being silently, seriously and irreparably
injured.
'In the first instance, 5G is likely to make people electro-bypersensitive (EHS) 2] Perhaps it
was sitting in front of two big computer screens for many of the 18 years I worked at the UN
that made me EHS. When the UN Office at Vienna installed powerful WiFi and cellphone
access points - designed to serve large, public areas - in narrow, metal-walled corridors
throughout the Vienna International Centre in December 2015, I was ill continuously for
seven months.
I did my best for two and a half years to alert the UN staff union, administration and medical
service to the danger to the health of UN staff of EMR from these access points, bĂĽt was
ignored: That's why, in May 2018, I took the issue to the UN Secretary-General, Antonio
on
Guterres[transcript]: He is a physicist and electrical engineer and lectured
telecommunications signals early in his career, yet asserted that he knew nothing about this.
He undertook to ask the World Health Organization to look into it, but seven months later
those public access points remain in place. I received no replies to my many follow-up
emails.
As a result, I welcomed the opportunity to join the effort to publish an international Appeal to
Stop 5G on Earth and in Space because it was clear to me that, despite there having been 43
earlier scientific appeals, very few people understood the dangers of EMR. My experience as
an editor could help ensure that a new 5G appeal, including the issue of beaming 5G from
and accessible to the non-scientist.
space; was clear, comprehensive, explanatory,
The International Appeal to Stop 5G on Earth and in Space is fully referenced, citing over a
hundred scientific: papers among the tens of thousands on the biological effects of
EMR published over the last 80 years. 13)
Having spent years editing UN. documents dealing with space, I know that outer space is
hotly contested geopolitically and any untoward event involving a military satellite risks
triggering a catastrophic response 4) Space law is so inadequate - just one example is the
complexity of space liability lawis),6) - that we could really call the Earth orbits a new Wild
9
West. China caused international consternation in 2007 when it demonstrated an anti-
satellite weapon by destroying its own satellite, Space debris is the main concern among
'space-faring nations, with a so-called Kessler syndrome positing a cascade of space debris
that could make the Earth orbits unusable for a thousand years. Does launching
20,000+ commercial 5G satellites in such circumstances sound rational to you?
I live in Vienna, Austria, where the 5G rollout is suddenly upon us. Within the last five weeks,
pre-5G has been officially announced at Vienna airport and 5G at the Rathauspiatz, the main
square in Vienna, which attracts tens of thousands of visitors to its Christmas market each
December and skating rink each January, which are special treats for children. Along. with
birds and insects, children are the most vulnerable to 5G depredation because of their little
bodies.[8)
Friends and acquaintances and their children in Vienna are already reporting the classic
eye pains, chest pains,
symptoms of EMR poisoning:i9j nosebleeds, headaches,
nausea, fatigue, vomiting, tinnitus, dizziness, flu-like symptoms, and cardiac pain. They also
report a tight band around the head; pressure on the top of the head; short, stabbing pains
around the body; and buzzing internal organs. Other biological effects such as tumours and
dementia usually take longer to manifest, but in the case of 5G, which has never been tested
for health or safety, who knows?no]
Seemingly overnight a forest of 5G infrastructure has sprouted in Austria. In the space of
three weeks one friend has gone from robust health to fleeing this country, where she has
lived for 30 years. Each person experiences EMR differently: For her, it was extreme torture
so she and i spent her last two nights in Austria sleeping in the woods. Interestingly, as she
drove across southern Germany, she suffered forture even worse than in Austria, while in
northern Germany she had no symptoms at all and felt completely normal, which suggests
that there has been as yet no 5G rollout there.
There are no legal limits on exposure to EMR. Conveniently for the telecommunications
industry, there are only non-legally enforceable guidelines. such as those produced by the
grandly namedInternationa! Commission on Non-Yonising Radiation Protection, which turns
out to be like the Wizard of Oz, just a tiny little NGO in Germany that appoints its own
members, none of whom is a medical doctor or environmenta expert:!!!
Like the Wizard of Oz, ICNIRP seems to have magical powers, its prestidigitation makes
non-thermal (non-heating) effects of EMR exposure disappear into thin air, for taking into
account the tens of thousands of research studies demonstrating the biological effects of
EMR would invalidate its so-called safety guidelines. 12] It has bewitched the International
Telecommunication Union, part of the UN family, into récognizing these guidelines. 13) And
one little email sent to ICNIRP in October 2018 to submitProfessor Martin Pall's comments
on ICNIRP's new draft guidelines conjured up an immediate explosion of interest in the
sender's online presence - which had hitherto attracted none - from companies and
individuals worldwide, one country's immigration authorities, the office of the Austrian
Chancellor (head of government), a fir of lawyers in Vienna and even Interpol![14121s)
I hope that people read and share our Stop 5G Space Appeal to wake up themselves and
others quickly and use it to take action themselves to stop 5G. Even eight short months of
this 5G Phoney War could spell catastrophe for all life on Earth. Elon Musk is set to launch
the first 4,425 5G satellites in June 2019 and "blanket" the Earth with 5G, in breach of countless
10
international treaties. This could initiate the last great extinction, courtesy of the multi-trillion-
US-dollar 5G, the biggest biological experiment and most heinous manifestation of hubris
and greed in human history. 10
People's first reaction to the idea that 5G may be an existential threat to all life on Earth is
usually disbelief and/or cognitive dissonance. Once they examine the facts, however, their
second reaction is often terror. We need to transcend this in order to see 5G as an
opportunity to empower ourselves, take responsibility and take action. We may have already
lost 80 per cent of our insects to EMR. in the last 20 years: 10) Our trees risk being cut down
by the millions in order to ensure continuous 5G signalling for self-driving cars, buses and
trains (i7) Are we going to stand by and see ourselves and our children irradiated, our food
systems decimated, our natural surroundings destroyed?
Our newspapers are now casually popularizing the meme that human extinction would be a
• not rhetorical but real, when
good thing nig but when the question becomes
it's your life, your child, your community, your environment that is under immediate threat, can
you really subscribe to such a suggestion? If you don't, please sigh the Stop 5G Appeal and
get active in contacting everyone you can think of who has the power to stop 5G, especially
Elon Muska and the CEOs of all the other companies planning to launch 5G satellites
starting in just 20 weeks from now. Life on Earth needs your help now.
Video: 5G Is War on Humanity. Towards An Unspoken Global Health Catastrophe?
Claire Edwards
The transcript of my exchange with the UN Secretary-General of 14 May 2018 follows.
Staff member:Mr. Secretary-General
UN staft have repeatedly been told that they are the most important resource of this
Organization.
Since December 2015, the staff here at the Vienna International Centre havé been
exposed to off-the-scale electromagnetic radiation from WiFi and mobile phone
boosters installed on very low ceilings throughout the buildings. Current public
exposure levels are at least one quintillion times (that's 18 zeros) above natural
background radiation according to Professor Olle Johansson of the Karolinska Institute
in Sweden.
The highly dangerous biological effects of EMFs have been documented by thousands
of studies since 1932 indicating that we may be facing a global health catastrophe
orders of magnitude worse than those caused by tobacco and asbestos.
"Mr. Secretary-General, on the basis of the Precautionary Principle, I urge: you to have
these EMF-emitting devices removed immediately and to call a halt to any rollout of
SG at UN duty stations, because it is designed to deliver concentrated and focused
electromagnetic radiation in excess of 100 times current levels in the same way as do
directed energy weapons.
In line with the UN Guiding Principles on Business and Human Rights, to "Protect,
Respect and Remedy", 5G technologies MUST be subjected to an independent health
and safety assessment before they are launched anywhere in the world.
There is currently an international. appeal https://www.emfscientist.org/index.
phip/emf-scientist-appeal) signed by 237 EMF scientists from 41 nations urging the
UN and particularly the WHO to exert strong leadership in fostering the development
of more
protective EMF guidelines, encouraging precautionary measures, and
11
educating the public about health risks, particularly risk to children and fetal
development.
Mi. Secretary-General, we have a unique opportunity here at the UN Office at Vienna.
Since our medical records are digitized, you have the possibility of releasing data on a
closed population exposed to off-the-scale levels of electromagnetic radiation to
establish if there have already been abnormal health consequences for the UN staff
here in the last 28 months.
I urge you to do so and stop any 5G rollout in these buildings immediately.
Thank you.
UN Secretary-General: Sorry, because you are talking to someone who is a little bit
ignorant on these things. You're talking about the WiFi systems?
Staff member:On the ceilings of these buildings, Wiri boosters and cell phone
boosters were installed without consultation, without information to staff in December
2015. Now, if you understand electromagnetic radiation, the signal is - if you cannot
get a signal from your mobile phone, the signal goes to maximum strength and that
then bounces off metal walls affecting the body multiple times at maximum exposure
levels. So the situation here is extremely dangerous. I have heard anecdotally of many
people who have had health problems. I don't know if they are related but the
Precautionary Principle would dictate that we use our medical records to look into this
and that we remove these dangerous devices immediately. Thank you.
I because I put those devices in my
UN Secretary-General: Well, I'm worried
house. [Laughter & applause]
Staff member:Not a good idea!
UN Secretary-General: This I will have to - 1 confess iny ignorance on this but I'in
going to raise this with WHO [World Health Organization] - which I think is the
organization that might be able to deal with it properly for them to put someone - their
staff or organizations to work on that because I must confess I was not aware of that
dangei - [humorously] to the extent that I put those things in the rooms of my house -
in the ceiling.
Staff member:] would suggest that everybody start looking into this issue and
particularly into 5G, which 237 scientists from 41 countries consider a threat that is far
worse than the tobacco and asbestos threats of the past.
UN Secretary-General:Well, maybe I have learned something completely new. I hope
it will be very useful to me but I confess it is the first time I hear about it.
*.
Note to readers: please click the share buttons above or below. Forward this article to your
email lists. Crosspost on your blog site, internet forums, etc.
This article was originally published on Take Back Your Power:
Claire Edwards, BA Hons, MA, worked for the United Nations as Editor and Trainer in Intercultural
Writing from 1999 to 2017. Since May 2018, she has collaborated with Arthur Firstenberg lo publish
the International Appeal to Stop 5G on Earth and in Space (www.Sgspaceappeal.org), which is
available in 28 languages. The Appeal has attracted over 94,000 individual and group signatories
from more than 170 countries. Claire warned the Secretary-General about the dangers of SG during a
meeting with UN staff in May 2018, calling for a halt to its rollout at UN duty stations.
Notes.
12
[!] Delos, Peter: "The Way to a New Phased Array: Radar Architecture," TechTime: Electronics & Technology News.
January IS, 2018. Accessed January i, 2019. https://techtime.news/2018/01/15/analog-devices-phased-array-
radar/. "Although there is a lot of discussion of massive MIMO and automotive radar, it should not be forgotten thạt
most of the recent radar development and beamforming R&D has been in the defense industry, and it is now being
adapted for commercial applications. While phased array and beamforming moved from R&D efforts to reality in the
2000s, a new wave of defense focused arrays are now expected, enabled by industrial technology offering solutions
that were previously cost prohibitive."
[2] "Electrosensitive Testimonials." We Are The Evidence. 2018. Accessed January Lp
2019.http://wearetheevidence.org/adults-who-developed-electro-sensitivity/. "WATE intends to expose the
suppressed epidemic of sickness, suffering and human rights crisis created by wireless technology radiation; elevate
the voice of those injured; defend and secure their rights and compel society and govemments to take corrective
actions and inform the public of the harm."
[3] Glaser, Lt. Z. "Cumulated Index to the Bibliography of Reported Biological Phenomena ('effects) and Clinical
Manifestations Attributed to Microwave and Radio-frequency Radiation: Report, Supplements (no: 1-9)." BEMS
Newsletter B-l through B-464 (1984), Accessed January 1, 2019. http://www.cellphonetaskforce.org/p-
content/uploads/2018/06/Zory-Glasers-index.pdf. Lt. Zorach Glaser, PhD, catalogued 5,083 studies, books and
conference reports for the US Navy through 1981.
14] "Space Sustainability: A Practical Guide." Secure World Foundation, 2014, 21. Accessed January I,
2019.https://swfound:org/media/206289/swf space sustainability-a practical guide 2018 1.pdf.
"However, as more countries integrate space into their national military capabilities and rely on space-based
information for national security, there is an increased chance that any interference (either actual or perceived) with
satellites could spark or escalate tensions and conflict in space or on Earth. This is made all the more difficult by the
challenge of determining the exact cause of a satellite malfunction: whether it was dze to a space weather event,
impact by space debris, unintentional interference, or deliberate act of aggression."
[5] "Space Law: Liability for Space Debris." Panish, Shea & Boyle LLP. 2018. Accessed January 1,
2019:https://www.aviationdisasterlaw.com/liability-for-space-debris/; "Filing a lawsuit against SpaceX: for space
debris is a little différent than one against the commercial industry or state-sponsored launch. Since Space is a
private company, injured parties can file claims directly agairist the establishment in accord with the state's personal.
injury laws. For the claim to be successfill, the plaintiff will have to prove that Space was negligent in some way that
caused the space debris collision. Space law is notoriously complex; making it very difficult for injured parties to
recover for [sic] their damages in California."
[6] Von Der Dunk, Frans: G. "Liability Versus Responsibility in Space Law: Misconception or Misconstruction?"
University of Nebraska-Lincoln College of Law: Space, Cyber, and Telecommunications Law Program Faculty
Publications 21 (1992). Accessed January I,
2019http://digitalcommons.unledu/spacelaw/21/?utm source=digitalcommons.ul.edu/spacelaw/21&utm me
dium=PDF&utm campaign-PDFCoverPages
[7] Kessler, D. J., P.M. Landiy, B. G: Cour-Palais, and R. E. Taylor. "Aerospace: Collision Avoidance in Space:
Proliferating Payloads and Space Debris: Prompt Action to Prevent Accidents." TEEE Spectrum 17, no: 6 (1980): 37-
41:
[8] Morgan, L. Lloyd, Santosh Kesari, and Devra Lee Davis. "Why Children Absorb More Microwave Radiation than
Adults: The Consequences." Journal of Microscopy and Utrastructire 2; no. 4 (December 2014): 197-204. Accessed
January 1; 2019. htips://www.sciencedirect.com/science/article/pil/S2213879X14000583. Highlights: (1) Children
absorb more microwave radiation (MWR) than adults. (2) MWR is a Class 2B (possible) carcinogen. (3) The fetus is
13
in greater danger than children from exposure to MWR. (4) The legal exposure limits have remained unchanged for
decades. (5) Cellphone manuals warnings and the 20 cm rule for tablets/laptops violate the "norinal operating
position" regulation.
(9] Electro Hypersensitivity: Talking to You: Doctor, PDF. Canadian Initiative to:Stop Wireless, Electric, and
Blectromagnetic Pollution. http://weepinitiative.org/talkingtoyourdoctor.pdf
[1O] ECC Chairman on 5G: "We won't study it, regulate it, have standards for it. "Youtube. June 20, 2016. Accessed
January 1, 2019; www.youtube.com/watch?v=Bwgwe01SIMc. Notes in video: Ultra-high frequency radiation (24 to
1.00 GHz or more); aimed and amplified signals; massive deployment of towers; worth billions; no standards, no
testing; sharing with satellite and military operations; all areas (including rural areas) to be saturated with radiation; all
loçal deployments to be fast-tracked; everything to be microchipped.
[11] Dariusz Leszczynski, PhD. "Is ICNIRP Reliable Enough to Dictate Meaning of Science to the Governmental
Risk Regulators?" Between a Rock and a Hard Place (blog), April 8, 2018. Accessed January 2,
2019:https://betweenrockandhardplace.wordpress.com/type/gallery/."The major problems of ICNIRP are: (1) it is
a "privațe club" where members elect new members without need to justify selection; (2) lack of accountability before
anyone; (3) lack of transparency of their activities; (4) complete lack of supervision of its activities; (5) skewed
science evaluation because of the close similarity of the opinions of all members of the Main Commission and all of
the othier scientists selected as advisors to the Main Commission.".
[12] Matthies, RĂĽdiger. "EMF Safety Guidelines: The ICNIRP View." International Telccommunications Union
Workshop on Human Exposure to Electromagnetic Fields, May 9, 2013: Accessed January 1,
2019. https://www.itu.int/en/ITU-T/elimatechange/emf-1305/Documents/Presentations/s2partlp1-Rued
igerMatthes.pdf.
[I3] ITU Telecoimunication Development Sector Study Group 2: Session on Modern Poliçies, Guidelines,
Regulations and Assessments of Human Exposure to RF-EMF. Session I: Recent Activities on Himan Exposure to
RF-EMF in ITU and ICNIRP, Geneva, Switzerland. October 10, 2018. Accessed January 2,.
20.19. www.itu.int/en/ITU-D/Study-Groups/2018-2021/Pages/meetings/session-07-2-oct18.aspx. "Session I will
discuss some of the recént activities held in ITU and describe the latest updates to the ICNIRP (International
Commission on Non " Ionizing Radiațion Protection) guidelines.*
[14] Martin L» Pall, PhD, Professor Emeritus of Biochemistry and Basic Medical Sciences, Washington State
University, Response to 2018 ICNIRP Draft Gutdelines and Appendices on Limiting Exposure to Time-Yarving
Electric, Magnetic and Electromagnetic Fields (100 KHz to 300 GHz). October 8, 2018. Accessed January 2,
2019.www.5gexposed.com/wp-content/uploads/2018/10/FINAL-Martin-L-Pall-Response-to-2018-Draft-
Guidelines-8.10.18.pdf.
[15] Cooperation Agreement Between The International Criminal-Police Organization Interpol and The International
Telecommunication Union. Plenipotentiary Conference (PP-18) Dubai 29 October-16 November 2018. Accessed
January 2, 2019. https://www.itu.int/dms.pub/itu-s/md/18/pp/c/S18-PP-C-004711MSW-E.docx."2. In
implementing the Agreement; each Party shall act within their respective areas of competence. More specifically, the
implementation of the Agreement by ITU shall not exceed beyond its mandate pertaining to building confidence and
security in the use of ICTs, in accordance to Plènipotentiaiy Conference Resolution 130 (Rev. Busan; 2014) and to its
role on child online protection in accordance to Plenipotentiary Conference Resolution 179 (Rev: Busan, 2014),
whereas the implémentation of the Agreement by INTERPOL shall not exceed its mandate as defined by article 2 of
its Constitution which include activities pertaining to cybercrime and online child exploitation". (emphasis added)
[16] Hallmann. C.A., M. Sorg and E. Jongejans, "More than 75 per cent decline over 27 years in total flying insect
bioinass in protected areas." PLOS One 12, no. 10 (2017):
14
e0185809.http://iournals.plos.org/plosone/article/fite?id=10.1371/iournal.pone.0185809&type=printable
Accessed January 1; 2019.
[17] Laville, Sandra.
"Millions of Trees at Risk in Secretive Network Rail Felling Programme." The Guardian, April
29, 2018. Accessed January 1, 2019. https://www.theguardian.com/business/2018/apr/29/millions-of-trees-at-
risk-in-secretive-network-rail-telling-programme
[18] May, Fodd. "Wöuld Human Extinction Be a Tragedy?" The New York Times, December 17, 2018. Accessed
January 1, 2019: https://www.nytimes.com/2018/12/17/opinion/human-extinction-climrate-change.html.
[19] Davis, Nicola. "Falling total fertility rate should be welcomed, population expert says: figures showing declining
birth rates are "cause for celebration', not alarm." The Guardian, December 26, 2018. Accessed January 3,
2019:www.theguardian.com/vorld/2018/dec/26/falling-total-fertility-rate-should-be-welcomed-population-
expert-says.
[20] "Planet Earth: Worldwide 5G Radiation from Orbit?" Letter from Claus Scheingraber, Roland Wolff and others
to Elon Musk. June 18, 2018. Brunnthal, Germany. ".. We are sure that your satellite project is already at an
advanced stage. Buteven if much money has been invested, one should consider that it is only a matter of time until
the fact of damaging health potential of mobile communications - and especially of 5G-mobile communication-.can
no longer we overlooked. Therefore we emphatically recommend not to implement the satellite project." (Letter in
German) (Letter in English)
The original source of this article is Global Research
Copyright © Claire Edwards, Global Research, 2019
ATTACHMENT G
Stanley J. Usovicz
Regional Director
verizon
External Affairs
63 High Street
Danvers, MA 01923
Phone [phone removed]
[email removed]
Cambridge Pole and Conduit Commission
831 Massachusetts A venue, First Floor,
Cambridge, Massachusetts 02139
Dear Commissioners:
Thank you for the opportunity to comment on the proposed Policy Regarding Small Cell
Wireless Installations on Public Ways ("Draft Policy"). Verizon Wireless has reviewed the
version of the Draft Policy attached to the Commission's "Amended Notice of Vote" issued on
May 20, 2019 and offers the following initial comments, while fully reserving all of its rights
under federal, state and local laws and regulations:
Threshold Issue: As an initial issuc, the Draft Policy leaves unclear whether it applies (in whole
or part) to the placement of small cell attachments on poles in the right of way that are not owned
by the City, e.g. installations on existing or replacement wooden utility poles owned and
maintained by Verizon and Eversource for the provision of communications and electrical
service. At the May 16, 2019 meeting, the Commission itself was uncertain, and individual
members apparently disagreed on, whether the Draft Policy applied only to City-owned poles or
also to utility company-owned poles. Verizon Wireless urges the Commission not to apply the
Draft Policy to private utility pole attachments, and notes that the Commission has, to date,
handled petitions for wireless attachments to private utility poles under its existing grant of
location procedures. The Commission's authority under state law to regulate utility installations
in the right of way does not authorize it to impose different and unfavorable substantive and
procedural provisions on applications for wireless attachments to utility poles. Furthermore,
Massachusetts General Laws Chapter 166, Section 25A comprehensively addresses the
placement of wireless attachments on utility poles and does not envision a role for municipal
regulation of such attachments.
I. Application Process
A. Fees. 1. Application Fees: Verizon Wireless acknowledges that the proposed application
fees are consistent with the fee amounts that the Federal Communications Commission presumed
to be reasonable in its Third Report and Order dated September 26, 2018.' However, the
additional requirement that "in the event the City's costs in reviewing any Application exceed
'In the Matter of Accelerating Wireless Broadband Deployment by Removing Barriers to
Infrastructure Investment; Accelerating Wireline Broadband Deployment by Removing Barriers
to Infrastructure Investment, WT 17-29, WC 17-84, FCC 18-133, Sept. 26, 2018. ("Third Report
and Order").
Page 1 ol 7
the amounts provided in this section, Applicants shall be responsible for those costs" is not
consistent with the premise that the application fee represents the average cost to the Cily of an
application and should be deleted
2. Annual Recurring Fees: Verizon Wireless objects to the proposed Annual Recurring
Fee to the extent that it is not based on the City's actual cost of administering the City's right-of-
way in a way that benefits carriers with small cell pole attachments in a manner that is not shared
by others. In particular, to the extent that the City intends to apply the recurring fee to
installations on private utility poles, the City should explain the basis for doing so. It is unclear
what costs the City would incur that are attributable to such installations, as required in order to
justify this annual charge under the FCC Third Report and Order of under state law (which does
not authorize such charges as a general revenue raising mechanism).
B. Siting Policy: The Commission's Siting Policy addresses grant of location procedures for
the installation of telecommunications services in the right-of-way. It is not intended or suited
for application to wireless attachments on existing or replacement utility poles or City-owned
poles. To the extent that there are certain specific requirements of the existing Siting Policy that
the Commission reasonably would apply to wireless attachments, those should be specifically
incorporated into the Draft Policy so that interested parties know what they are and comment on
them.
C. and D. Pre-Application Public Notice Requirements: The requirement for pre-application
notice to other wireless providers and to abutting property owners within 150 feet is
unreasonable and overly burdensome. Pre-application notice to other wireless providers serves
no bencficial purpose. It will not have the effect of increasing collocation. It is also
unreasonable and unprecedented in any Massachusetts land use permitting context to require
notice by sheriff if a certified mailing is not effectuated.
F. Determination of Completeness: It is unreasonable and serves no beneficial purpose to
declare that an application is "deemed withdrawn" if it is "incomplete" 30 days after it is
submitted. It will not always be feasible for an applicant to complele a lechnically defective
application within 20 days after receiving notice that an application is incomplete. Furthermore,
because "shot clock" periods are tolled when the applican is notified that the application is
incomplete, there is no prejudice to the City in allowing the application to remain pending until
the missing information is filed or the application is actually withdrawn at the applicant's
request.
G. Notice of Hearing: The requirement to notify all abutters and other providers within one
business day after the hearing date is scheduled is extremely unreasonable and serves no
legitimate purpose. Abutter notice should be provided under the same procedures as apply to
other Commission applications. This provision of the Draft Policy also states that a failure to
provide this notice "may result in denial of the Application." This is an unreasonable and
extreme remedy for an omitted notice; a more reasonable approach would be to permit the
hearing to be continued at the applicant's request so the defective notice can be supplemented.
Page 2 of 7
H. "Common Project" Requirement: This requirement appears to be borrowed from grant of
location procedures for conduit installations, and is similar to provisions some jurisdictions have
applied to wireless macro towers. It is unreasonable to apply this in the context of wireless
attachments to existing or replacement utility poles or City-owned poles. As a practical matter, it
would not be possible to complete the contemplated process within the shot clock deadlines that
apply to the review of' small cell installations.
1. Amended Application: This provision purports to allow the Commission Chair to unilaterally,
in her "sole discretion" deem that any amendment to an application (whether material or not) be
treated as a new application resetting the shot clock. This should be limited to only material
changes, which should be defined so that there is appropriate guidance for deciding whether the
change warrants treatment as a new application. The decision whether an application has been
so materially changed should be presented to the entire commission for decision according to
guidance provided in the policy, not reserved to the "sole discretion" of a single member.
J. Application Denial: It is unclear what "reliability concerns" means in subsection (ii). To the
extent that this provision implies that the Commission may evaluate the performance of the
service from the proposed wireless facility, it exceeds the Commission's authority. Verizon
Wireless also strongly objects to subsection (v) which purports to authorize the Commission to
deny an application if "there are more convenient locations such that the location applied for is
not needed as determined by the Commission." The Commission does not have any authority to
determine what locations Verizon Wireless or other carriers need for their network. In addition,
this provision is impermissibly vague because it provides no guidance to applicants as to as to
whether a location will satisfy the City's standards.
Il. Application Components
C. License Agreement: This provision appears to contemplate an individual license agreement .
for each location that is the subject of an application. If the regulations are intended to
encompass applications for wireless attachments on privately owned utility poles, the license
requirement should not apply to an application to attach to such a pole because the City has no
interest or rights in such a pole to license. For wireless attachments to City-owned poles, it would
be preferable to have a master license agreement with the City that applies to all locations the
Commission approves, without requiring a separate agreement for each location.
D. Equipment Descriptions: Verizon Wireless objects to the requirement that it submit
equipment specifications other than a general description of the type of equipment and its
dimensions, weight and proposed height and location on the pole. The Commission has no
authority over or need for information on expected life of carrier equipment, coverage area,
specific antenna or RRU model, call capacity of equipment, bandwidth, backhaul rate, or
whether there are multiple fiber paths, In addition, the requirement for "rendering and
elevation" of equipment as well as before and after photosimulation views "from four different
angles" is burdensome to applicants and goes beyond what could reasonably be needed for the
Commission, other City agencies or the public to evaluate what a proposed installation will look
like.
Page 3 of 7
E. and F. Detailed Maps: Verizon Wireless objects to the requirement that applicants provide
maps showing the arcas a proposed installation "will service," the "amount of cellular coverage
in the area" and coverage gaps. None of these are relevant to any authority the Commission has
to evaluate pole attachments under the grant of location process. This requirement is also
contrary to the Third Report and Order, which makes clear that these are not issues for
consideration. (See Third Report and Order at paragraphs 37 and 40 and note 84).
I1. RF Affidavit and Coverage Maps Verizon Wireless objects to the requirement that an
application include an affidavit from a radio frequency engineer outlining the network/network
service requirements in the City and how the applicant's proposed facilities will address that
need. It likewise objects to the requirement that coverage maps of any type be required as part of
a small cell application. These are burdensome requirements, do not provide information that the
Commission needs to conduct its review of small cell attachments under the grant of location
process, and are contrary to the Third Report and Order which makes clear these are not issues
for consideration. (See Third Report and Order at paragraphs 37 and 40 and note 84).
1. Insurance Certificates: Verizon Wireless does not object to insurance requirements for
wireless attachments on City-owned poles, but the proposed requirements are overly prescriptive
and would be better addressed as part of the license agreement each wireless provider would
have for such sites, rather than under the Draft Policy since they are business rather than
. For example, Verizon Wireless would cover the City as a blanket additional
regulatory matters.
insured rather than naming them as an additional insured. Another carrier might propose an
acceptable variant for another element of the proposed requirements. Verizon Wireless does
object to these requirements to the extent that they are intended to apply to small cell attachments
on private utility poles; there is no reasonable or legitimate basis for imposing insurance
requirements on wireless providers that are not applied to other entities attaching to such
structures.
J. Description of Why the Proposed Location is Superior: This requirement is too vague,
general and subjective. The City can legitimately consider some potential impacts of a particular
proposed facility on the use of the public way (for example whether an installation will encroach
on the travelled way, or will block passage on a sidewalk), but if the Commission has particular
concerns about potential impact on the public way that it wants addressed in an application, il
should specify what those are. "Visual aspects" is impermissibly vague and not tied to any
standards. To the extent that the Commission has authority to regulate on the basis of
appearance, it should specify what that authority is and what the standards are, as required by the
Third Report and Order: (See Third Report and Order at paragraphs 84 and 86). "Proximity to
residential buildings" is also an impermissibly vague and subjective standard. In addition, it
appears to be a veiled effort to regulate the siting of small cell facilities on the basis of the
environmental effects of radio frequency emissions, which is prohibited under federal law to the
extent that the facility complies with Federal Communications Commission regulations
concerning such emissions.
L. Description of Efforts to Collocate: It appears that this provision may be intended to address
requests for new poles in the right of way. Attaching a small cell facility to an existing utility
pole or City-owned pole would appear to comply with the Siting policy.
Page 4 of 7
Ill. Annual Recertification and Affidavit
B. Annual "re-certification and public way fee" It is unclear whether this $270 fee is the same as
the "Annual Recurring Fee" mentioned in Section I. If it is an additional $270 fee, it violates the
Third Report and Order: In addition, the City does not have authority under state law to charge
a fee merely for the use of the public way. It is also unclear what costs the City would incur for
"recertification" of a wireless attachment, particularly since the Draft Policy calls for the
applicant to provide certain certifications but does not mention any certification process that the
Commission will perform.
C. Installations No Longer in Use: This provision states that any installation no longer in use is
"in default." Default is not typically a regulatory concept, and it is unclear what a provider
would be "in default" of if it ceases to use a small cell facility. To the extent that this provision
is intended as a determination that an installation no longer in use should be treated as being
abandoned and lose its authorization, it should provide for a reasonable period, such as 180 days,
for the provider to either resume operation of the facility or remove its equipment.
V. Design and Location
B. Siting Requirements: Several of these siting requirements are overly restrictive, vague, or are
likely to have the effect of entirely precluding siting solutions or precluding solutions that are
more desirable from the standpoints of both the City and the carrier.
Subsection (i) requiring a separation distance of 150 feet from another installation will as a
practical matter prevent multiple providers from serving the same street segment or intersection.
Subsection (ii) preventing locating "directly adjacent" to a preexisting City pole with a
previously approved installation is vague because il does not define "directly adjacent." To the
extent that it is intended to prevent a provider from locating on a City pole if the next City pole
in line already has an installation on it, this provision is discriminatory and will also as a
practical matter prevent multiple providers from serving the same street segment or intersection.
Subsection (vi) preventing the location of equipment in the "amenity zone" of the sidewalk is
overly restrictive and prescriptive. There may be situations in which this location provides a
desirable and acceptable siting solution.
Subsection (vit) states that an installation cannot "incommode the public way," which is a vague
and subjective standard (see prior comment on this issue above).
Subsection (ix) states that an installation shall not be placed less than 6 feet away from edge of
any driveway and should be 15 feet from the edge of the curb, where possible. The restriction on
location of'a pole mounted-installation within 6 feet of'a driveway is unreasonable to the extent
that there are existing utility poles or City-owned poles within that distance. Locating
installations at least 15 feet from the edge of the curb will be impossible in most cascs, and very
Page 5 of 7
few existing utility poles or City light poles are set 15 feet back from the curb, making this
inconsistent with the direction in subsection (vili) that installations should be in a straight line
with existing utility poles, street lights and street trees: This requirement is also in tension with
the requirement of subsection (v) that installations not be less than 6 feet from a building wall
and the requirement of subsection (vi) that they should not be localed in the "pedestrian walking
zone" of a sidewalk.
Subseclion (J) states that an installation cannot be in front" of a residence window, door
opening, porch or balcony. The term. "in front" is vague and not limited by distance, and
unreasonable to the extent that there are already utility poles or City light poles that sould be
considered "in front" of such features.
Subsection (xi) forbids locating an installation where "it might limit the City's ability to plant
future street trees." Sulsection (aii) forbids locating an installation where "it might limit the
City's ability to install any city infrastructure, tränsportation elements or facilities including bike
lanes, bike racks or other street furniture and the like." These prohibitions are too open-ended
and vague, and should be limited to locations where the City has actual plans for a specific
improvemént at a designated location that the proposed installation will actually interfere with.
Subsection (xili) requiring removal of'an installation to accommodate a City redevelopment or
change to a street; sidewalk, square "or other area" should be revised to provide for advance
notice and a reasonable timeframe for removal and to state that the City will cooperate to
facilitate the relocation in order to avoid service interruption.
Subsection (viv) is not clear, so it is not possible to evaluațe whether this is a reasonable
restriction: A drawing may be helpfĂĽl in tiderstanding what is intended
Subsection (iv) refers to an application requirement for "propeities under the jurisdiction of the
Cambridge Fistorical Commission." Any pole-mounted installation addressed urider the Draft
Policy is on City right-of-way, so this requirement woul be inapplicable except to the extent
that the right-of-way location or pole in question and the proposed installation are actually
subject to Cambridge Historical Commission jurisdiction.
Subsection (vi) is vague in stating that installations should not be placed "in front of" certain
locations, including. store windows, entrances and exits. The term "in front" is vague and not
limited by distance, and is unreasonable to the extent that there are already utility poles or City
light poles that would be considered "in front" of such features.
Subsection (xvili) requiring that installations not interrupt "sight lines" and be a minimum of 15
feet from the street cuib or public alley of an intersecting street is arbitrary and overly
prescriptive and unreasonable to the extent that there are existing street lights and utility poles
within that distance, If the purpose is to avoid interfering with the sight lines of drivers at
intersections as a public safety measure, the provision should be clarified to specifically address
that performance standard, however, that issue appears to be well-covered in subsection xix.
Page 6 of 7
Subsection (x)—Verizon Wireless objects to this requirement to the extent that it is intended to
prioritize siting of installations on City-owned poles or property over private utility poles. If that.
is not the intent, the provision should be clarified.
V1 Pole Design and Overall Height
A. RequĂred upgrade of replacement poles Verizon Wireless objects to the requirement that
carriers replace single lominaire poles with double luminaire poles unless the City is willing to
offset any additional cost of the upgraded pole. Such a requirement amounts to an impermissible:
lax,
C., D. and E. Pole and Antenna Height: Verizon Wireless objects to these provisions to the
extent that they impose requirements that are inconsistent with and more limiting than those in
the FCC regulations for small cell facilities at 47 C:F.R. § 1.1312(e)(2).
VIl Equipment Cabinet, Equipment Shroud, Antenna and Antenna Shroud
A. Undergrounding of Equipment: Verizon Wireless objects to this requireinent as overly
burdensome, unreasonably costly, and impractical. Among other reasons, the underground
equipment vault is larger and will require bigger excavations, there are weather related access.
and deterioration concerns and potențial trip hazards from hatches.
B. Pole Mounted Equipment: Verizon Wireless objects to these provisions to thic oxient that
they impose requirements that are inconsistent with and more limiting than those in the ECC
regulations for small cell facilities at 47 C.F.R. § 1.1312(e)(2), In addition, these
requirements are overly prescriptive.
C. Height of Pole Mounted Equipment: These requirements are overly prescriptive
and may not be feasible in all cases, depending on the location of other existing
attachment.
E. Size of Antennas: Verizon Wireless objects to these provisions to the extent that they
impose requirements that are inconsisten with and more limiting than those in the FCC
regulations for small cell facilities at 47 C.F.R. § 1.1312(e)(2).
F. Wiring and Cable Installation: It is not clear what the City means when it calls for
"associated wiring and cable" to be "installed within the Installation." Presuming this
means that wiring must be installed within the pole, Verizon Wireless objects to this
requirement to the extent that it would apply to installations on private utility poles.
G., H. I. Antenna Enclosures. Verizon Wireless objects to these provisions to the extent that
they impose requirements that are inconsistent with and more limiting than those in the FCC
regulations for small cell facilities at 47 C.F.R. § 1.1312(e)(2). In addition, these
provisions are overly prescriptive.
Page 7 of 7
General Comment
As a general point, the Draft Policy would be improved by clarification that design and siting
requirements are applicable only to the extent feasible, and by the addition of a waiver provision.
The Commission should provide itself with the ability to relax or waiver dimensional and other
standards in order to accommodate a proposal that is superior to a complying design in other
ways, or otherwise acceptable. This is a typical and important element of wireless siting
regulations that is missing from the current version of the Draft Policy.
Thank you for the opportunity to provide these comments.
Sincerely,
Stanley J. Usovicz.
Copy to:
Paul Olson, Verizon Wireless
Michacl S. Giaimo
Page 8 of 7