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Humans love to posture. A favorite pastime is the physical confrontation in which participants close their personal distance to inches, down from the 3-foot zone customary in Western Civilization. Occasionally you get a “close talker,” but mostly people respect that personal zone until they get belligerent. If you are not expecting the advance, it can be quite disconcerting, resulting in an involuntary step back as you attempt to re-establish your distance. This is what the other guy wants, for it is a sign that he is dominating. There is a downside. If you don’t move, he crashes into you and you wind up talking with your faces about 3 inches apart. In this case, you win because he can’t maintain this distance and will almost always take a reluctant step backward. Now’s your chance. Take a quick step forward. Isn’t this fun?Did you notice the similarity with international relations? There are a lot of countries that enjoy posturing as the “biggest and baddest” in their neighborhood. You need to stand up to them, and sometimes somebody gets hurt. Instead of closing personal distance between countries, a physical impossibility, they substitute marshaling their military along the border, often making huge displays of might that are euphemistically referred to as “training exercises.” If the countries themselves are not strong enough to get their own way, they resort to the kid’s expedient, the equivalent of “My old man can beat up your old man.” The old man, in this case, is usually the United States, China or Russia.Other postures that countries and people have in common include, “Got any spare change?” “Stay out of my yard” and “Leave my friend alone.” It is amazing how one country can make another country feel guilty about being successful, thereby wheedling a handout. The implied threat is that if you don’t give them something, they will damage your country’s windshield or scratch the paint job.Bullies are usually happy with abject submission. Then they don’t get their hair mussed or break any fingers beating you up. Many animals are just like this … or is it the other way around? Anyway, my dog loves to charge out into the yard when he detects an intruder. His favorites are the possums, as they immediately go into frozen mode, whereupon my dog stands over them, sniffing carefully and savoring his dominance. No damage. Win, win. Cats sometimes stand and fight. This is not what he really had in mind, but he will play if he has to. Usually somebody gets hurt when this happens.Well, the bullies won’t bother me. I am their friend. I just gave them a big loan so they can upgrade all of their bully stuff.Take that! Bill Abrams resides and guards his personal space in Pine Plains.
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Telecom Reg’s Best Kept On the Books
When Connecticut land-use commissions update their regulations, it seems like a no-brainer to jettison old telecommunications regulations adopted decades ago during a short-lived period when municipalities had authority to regulate second generation (2G) transmissions prior to the Connecticut Siting Council (CSC) being ordered by a state court in 2000 to regulate all cell tower infrastructure as “functionally equivalent” services.
It is far better to update those regs instead, especially for macro-towers given new technologies like small cells. Even though only ‘advisory’ to the CSC, the preferences of towns by law must be taken into consideration in CSC decision making. Detailed telecom regs – not just a general wish list -- are evidence that a town has put considerable thought into where they prefer such infrastructure be sited without prohibiting service that many – though not all – citizens want and that first responders rely on for public safety.
Such regs come in handy when egregious tower sites are proposed in sensitive areas, typically on private land. The regs are a town’s first line of defense, especially when cross referenced to plans of conservation and development, P&Z regulations, and wetlands setbacks. They identify how/where the town plans to intersect with the CSC process. They are also a roadmap for service providers regarding preferred sites and sometimes less neighborhood contention. In fact, to have no telecom regs can weaken a town’s rights to protect environmental, scenic, and historic assets, and serve up whole neighborhoods to unnecessary overlapping coverage and corporate overreach. Such regs are unique to every town and should not follow anyone else’s boiler plate, especially industry’s.
Connecticut is the only state that has a centralized siting entity for cell towers. The good news is that applicants must prove need for new tower sites in an evidentiary proceeding and any decisions have the weight of the state behind them. The bad news is that the CSC used to be far less industry-friendly and rote in their reviews, which now resemble a check list. There is an operative assumption at CSC that if an applicant wants a tower, they must need it, otherwise why spend significant money to run the approval gauntlet? This reflects a subtle shift over the years at CSC from sincere willingness to protect the environment toward minimal tweaking of bad applications with minor changes. The bottom line is that towns really cannot rely on the CSC to do all the work for them.
What CSC issues telecom providers is a “certificate of environmental compatibility” after an evidentiary proceeding (not unlike a court case) with intervenors, parties, expert witnesses, and the service provider’s technical pro’s sworn in and subject to cross examination. Service providers get to do the same with any opposition from intervenor/party participants – like towns and citizens -- and their experts. It’s an impressive process whose ultimate goal is the fine balancing between allowing adequate/reliable public services and protecting state ecology with minimal damage to scenic, historic, and recreational values. They unfortunately often fall short of their mandate – like approving cell towers with diesel generators over town aquifers -- evidenced by CSC only rejecting about five cell towers in the past 15-20 years.
The CSC was founded in 1972 and clarified its mission in the 1980’s to prevent the state from being carved up willy-nilly by gas pipelines, high tension corridors, and broadcast towers. With the sudden proliferation of cell towers beginning in late 1990’s, it became the most sued agency in Connecticut by both an arrogant upstart industry if applications were denied and by towns/citizens when bad sites were forced on them. CSC gradually formed a defensive posture that drives their decisions toward industry with deeper pockets and attorneys on retainer.
For citizens, nothing can wreck one’s day like the CSC. It behooves towns to protect what little toolkit they have, and understand the legal parameters of the CSC’s playing field. The CSC is not a “normal” government agency where municipal/citizen redress is based on logic and local support. Their process is largely immune to everything but specific kinds of evidence – like town regs with setbacks/fall zones, radio frequency transmission signal strengths, sensitive areas identified, and detailed wildlife inventory, among others.
There is a current cell tower fight involving two intervening towns -- Washington and Warren; both with good cell tower regs – over a tower site within 1200’ of a Montessori School, near Steep Rock’s nature preserves with comprehensive geology/wildlife databases that include endangered, threatened and special concern flora and fauna, on established federal/state migratory bird flyways, within throwing distance to a historic site capable of being listed on the Underground Railroad, and with an access road on a blind curve entering a state highway that will permanently damage wetlands, vernal pools, and core forests. There are well credentialed environmental experts, including Dr. Michael Klemens, former chair of Salisbury’s P&Z, as well as the former director of migratory bird management at the US Fish and Wildlife Service, and an RF engineer testifying to alternative approaches, plus three attorneys representing intervenors. It is the most professional challenge I have seen at CSC since Falls Village successfully mounted one that protected Robbins Swamps several years ago.
The hearing is ongoing, with uncertain results. To see what it takes today to stop an inappropriate tower siting, see Docket #543 under “Pending Matters” at https://portal.ct.gov/csc before removing local cell tower regs – the lowest hanging fruit that any town can possess in case it’s needed.
B, Blake Levitt is the Communications Director at The Berkshire-Litchfield Environmental Council. She writes about how technology affects biology.