Deeds? Property Rights? Who cares. The elected officials could always say, "better a private utility company screw than a bank....."

Good outrage in the comments at the link.

http://northampton.patch.com/articles/ne....

New Towers to be Installed in Pole-less Neighborhoods, Residents Furious
A private company began working on new towers that will increase cellular service in the community in early April, but some residents weren't even aware there was work scheduled for their own properties.
By Jenna Ekdahl Email the author April 30, 2012
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An international company has stepped into Northampton and they're bringing big changes with them.

The American Tower Corporation (ATC) is an "independent owner and operator of wireless and broadcast communication sites," according to its website. After a legal battle with the township, ATC has been granted permission to update or install 59 new towers in the area. And, officials said, there's nothing else that can be done to stop them.

How it began

Last year, ATC came to the township requesting to install Distributed Antenna System (DAS) towers to improve telecommunication conditions in the area. A DAS tower connects to fiber optic cables that wireless service providers and other companies can then rent space on to provide better coverage.

The township decided that ATC was not allowed to install the towers it requested because they did not fit into the right-of-way ordinance, which allows for utilities to be placed along public streets and other areas of easement.

ATC sued the township in late 2011 and on Jan. 5, 2012, Judge Wallace Bateman decided in ATC's favor due to a certificate of approval it received from the Pennsylvania Public Utility Commission (PUC) in 2008. The PUC's recognition allows the company to install the systems and equates its status to that of a utility, Township Solicitor Michael Savona said.

"We did believe we had a valiant case," Township Manager Bob Pellegrino said.

The township decided not to appeal the decision – partly because supervisors were advised they would lose and partly because ATC agreed to pay the township's previous legal fees. That allowed ATC to move ahead with a time-specific agreement it had previously made with T-Mobile, Savona said.

It seemed like the best way to resolve a bad situation, township officials agreed, until residents started finding white circles on their lawns and paper hangers on their doors.

Building in a no-pole zone

Janet Swenson became aware of something going on when she found a spray-painted circle on her lawn on April 5 and inquired about it to a Verizon worker in her neighborhood.

He didn't know anything about it – it was not his project – but he knew what it indicated: a pole was going in there, Swenson said.

She called the township, who put her through a series of connections where she finally confirmed the pole with ATC headquarters in North Carolina. All of this before she received notice at her own home. Swenson's neighborhood, Willow Greene South, is supposed to prohibit poles, lights and sidewalks by deed, she said.

Twelve days after she noticed the circle on her lawn, Swenson received a letter from ATC verifying the company would be "upgrading and/or adding utility poles as necessary" to "enhance wireless services reception and data speeds."

Her communication with company and township officials informed her that the new poles are a done deal; the battle had been fought and they had no further control.

What's coming?

Of the 59 poles being constructed or updated in Northampton, 12 are brand new steel poles in residential areas where there are no other towers of their kind.

Many of those residents are opposed to the towers going in because of health and property value concerns.

"How utterly disappointed I am with my township, its supervisors and all others who have chosen to keep the residents in the dark as to what is going on," Swenson said. "My property value will decrease, my health may be impacted, my pristine yard will be marred and if this ATC company can get free rein in our neighborhood, who or what is next?"

However, the Federal Communications Act of 1996 states in 332(c)(7)(B)(iv) that no state or local government body can regulate poles based on "the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions."

Resident Ed Tucker pointed out, to the supervisors agreed with him, "You wouldn't want a pole sitting out front of your door."

He also asked if there was something that could be done to the poles going in, like attaching light fixtures to make them more useful to neighborhood residents. Chairman Frank Rothermel agreed it was a good idea and worth looking into.

"I think that we can stop it," Holland resident Len Dubas said. "I think we can be precedent for other people around the country that don't want these people."

Residents said the township still should've given them the opportunity to join the fight.

"I really think that some more thought should've been put into this before you settled," Holland resident Mike Hughes said. "You should've notified the community and notified the residents. You did it to us. You kept us in the dark on this."

Supervisor Eileen Silver said she didn't find out that residents were upset about it until it was too late.

"The lack of transparency on this project by the township is truly disturbing," Swenson said.

To find out where the poles are going in, visit www.americantower.com and type in your zip code.

This is an early step in the larger salvage operation that will reclaim the suburbs for other uses.

They have no future.

Cut them down with a plasma cutter. Nobody would turn you in.

Article comment.

Quote:

I know I wouldn't want a tower out my front door either BUT...read your deeds...In Northampton the 1st 10' from the street line or curb line is NOT your property. It is a right of way that you must maintain. You have a 10' set back.

This isn't anything new, what's happened is that since the state makes the laws about how easements can be used they can override local zoning laws.

Slightly embarrasing to wind up with such a huge erection in the front yard...

I wonder if any of these same people complained about lack of cell phone coverage in their neighborhood...

nothing you couldn't fix with a drill and some battery acid

Quote:

I know I wouldn't want a tower out my front door either BUT...read your deeds...In Northampton the 1st 10' from the street line or curb line is NOT your property. It is a right of way that you must maintain. You have a 10' set back.

Well well well. If that is true... Ha

commenter Edward Bendzlowicz wrote..

I will be having a 25 ft pole placed on my property in Windmill Village and to be honest I feel like I am living in a communist country and not in America. This is an eye opening experience and I hope not an indication of what the future will look like.

I bet he belives that he actually owns the property as well. Sucks to be you land renter.

commenter Edward Bendzlowicz wrote..

Since when can an independent money making company like ATC have the right to come on to resdiential property and erect a tower to generate future business without the propert owner even being made aware of it by either the local government (Northampton Township Board of Supervisors) or ATC. The local officals DID NOTHING to alert us that this was occurring, DID NOTHING to notify us of the lawsuit and ACTED like they did not care at the township meeting last week. Serveral supervisor looked bored when we were raising our concerns during the comment section.

Why do they have to notify you. Its not your land to begin with, especially if the 10' setback is true. Suckers

commenter Edward Bendzlowicz wrote..

This is a gross missuse of thier authority and as such they should all be voted out of office next election. If they do not desire to represent us in the proper manner then let's elect official who will.

Oh yea! That is the ticket! Keep voting ! This time with extra righteous indignation as you pull the lever !

commenter Edward Bendzlowicz wrote..

Call the PUC and complain because you too can have a cell tower on you property if ATC or some other company wants to place one there - currently you will have no choice. This has to change. All the neighborhoods should work together and seek change..

Well apparently its not your property - and in reality it never was - none of it, not even that that is beyond the 10' setback. So STFU.

Though i will say it looks like in this case that the local gov't did try and stop it. So there is that.

Perhaps if you paid more attention this would not come to pass. But really its just common sense that the State should own all property and that you have a 10' set back for common sense right of way things like utilities ? What you want to live in somalia or something? STFU!!!

Its a public good.

AmiRite ?!?!

commenter John Slavin wrote..

When I discovered a cell tower was coming to my front lawn, I immediately drove over to the twp. office, where I was told it was a "done deal" and "we can do whatever we want" because of the easement. ATC told me all the permits have been legally obtained, and "it's not my property." Vote every elected official that had a hand in this fiasco out of office and boycott T-Mobile.

Ahh finally truth from the local govt' Its a done deal. "we can do whatever we want". Yep that about sums it up

And more truth from ATC: its not your property. Yep yessir indeed

Truth hurts, huh.





You people live in a system, that I bet you all support. Its not my fault you did not think things through

I'm with Lowbeyond.

Quote:

The company’s offer included a payment of $2,200 a month for 30 years,

http://www.nytimes.com/2010/05/07/us/07s....

Quote:

How Do You Get A Cell Phone Tower or Cell Site on Your Property?

We've lost count of the number of times we've been contacted by people who claim a friend, neighbor or colleague receives $800 every month to lease property to a wireless or cell phone tower company. The first question is always "How can I lease my property and receive 'mailbox money' every month?" The second question is always "Can you help me lease my property?"

http://www.steelintheair.com/Get-a-Cell-....

Quote:

Carson Nash Funding will purchase the long term monthly or annual payments you are receiving from a cell phone tower ground lease and rooftop cell site lease. Your cell phone tower ground lease and rooftop cell site lease can be converted into a lump sum payout providing you with capital for more stable long term investments.

http://www.carsonnash.com/cell_tower_lea....

Quote:

I have been approached by a major cell phone company to possibly put a tower on my land. I know about the monthly payments, but how much should ask for/get for the initial down payment ? They are saying $7,500 but that sounds really low.

http://www.cell-phone-towers.com/cell-ph....

Quote:

to be honest I feel like I am living in a communist country and not in America

He's wrong...he IS living in a communist country, and that country IS America.

1lumpor2, since the towers are going on the public right of way, these people will get nothing for having the tower on their property. I'd love it if a cell company approached me to put a tower on the back of our property somehwere...

AMT is a Fool Rule Breaker that went REIT recently. Is this part of breaking the rules?

the only real property right you have is to pay tribute to the government every year to live on it. Stop paying your property taxes and the property will be taken away from you.

Sounds like their might be a market for flexible thermite cord or something similar.

There's a market for people to learn how to read and think, since the people here didn't seem to understand they don't own the yard they have to mow.

Around here, that wouldn't be allowed now for zoning laws - line of sight/aesthetic reasons.


ETA it also wouldn't be very practical given the low population density around here. There is a tower on a hill a few miles over, now, grandfathered in before that local ordinance, that wasn't here when I moved here, so now I do get a wireless signal without walking all over the lawn randomly :)

Why own anything? Death is going to eventually strip you of everything....

Terrorists.... dont talk about thermite!

Some of us have vehicles that would make the towers horizontal with little effort.

Let's see how many repairs are required before they give up.

If I'm reading correctly, these are 40ft utility poles, not the big 250ft towers with tie-downs.

Don't they have trees taller than that in the neighborhood?

I'd prefer to have no utility poles either, but decent cell service is rather handy.

Would you like to live next to high tension lines as well? Might as well stick your head in a microwave:-(

There was a case in alabama (I believe) 20 or so years ago where a guy who lived under high tension lines somehow set up a generator that made power from the static (?) that was being broadcast from the lines.

The electric company took him to court for theft, and he won because he was just making use of something the electric company was wasting. There was something to do with it being on his property too.

Sorry I don't remember all the details.

Quote:

. . . something the electric company was wasting.

That's not really true. The transmission line generates an electric field and he's using the field to generate "his" electricity.

However, by doing so, he is extracting energy from the field, and thus reducing the energy transported by the wire. There is no "waste" for him to extract. It's the old TANSTAAFL principle.

If it's on his property, then there should have been an easement that allows the power company to have the lines there - only if there was no proper easement can I see him as having any basis for claiming any right to any "free" energy.

Peter: Or if he was getting it from outside the easement.

I remember this from when I was kid. I don't remember the specifics, but it was judged legal because it was "wasted" energy that was costing the utility nothing and it was on his property.