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A Community Perspective on Residential Cell Tower Construction.

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Presentation on theme: "A Community Perspective on Residential Cell Tower Construction."— Presentation transcript:

1 A Community Perspective on Residential Cell Tower Construction

2 Background: 1 of 3 In November of 2008, residents of Northwest Glendale discovered that a cellular tower some 34 feet tall was about to be constructed in front of a residential home on Cumberland Road. The residents quickly contacted the Mayor and City Council, who put the project on hold.

3 Background - 2 of 3 Since that time, the City has researched its options under the 1996 Federal Telecommunications Act and the California Public Utilities Code. Its report to city council cited a Sept. 08 Ninth Circuit Court of Appeals ruling giving some control and oversight back to local jurisdictions. Residents formed a community group, G.O. A.C.T. (Glendale Organized Against Cell Towers) to fight the intrusion of cell towers into residential areas and educate neighbors on the issue The specific carrier working with the city on this tower (as well as one proposed for nearby Glenwood), is T-Mobile, who lacks a land- based telecom program (like AT&T for instance) and is aggressively moving into neighborhoods to bolster its cell customer base. Since that time, the City has researched its options under the 1996 Federal Telecommunications Act and the California Public Utilities Code. Its report to city council cited a Sept. 08 Ninth Circuit Court of Appeals ruling giving some control and oversight back to local jurisdictions. Residents formed a community group, G.O. A.C.T. (Glendale Organized Against Cell Towers) to fight the intrusion of cell towers into residential areas and educate neighbors on the issue The specific carrier working with the city on this tower (as well as one proposed for nearby Glenwood), is T-Mobile, who lacks a land- based telecom program (like AT&T for instance) and is aggressively moving into neighborhoods to bolster its cell customer base.

4 Background: 3 of 3 The process by which carriers move into neighborhoods is one which subverts the normal conditional-use permit process and avoids city planning reviews, moving through public works and constructing along utility rights-of-way. The 1996 Act, written largely by the Telecom Lobby, prohibits cities from raising any health concerns at zoning hearings, even while the Food and Drug Administration recommends a policy of "prudent avoidance" of cell phone radiation, especially among children. The process by which carriers move into neighborhoods is one which subverts the normal conditional-use permit process and avoids city planning reviews, moving through public works and constructing along utility rights-of-way. The 1996 Act, written largely by the Telecom Lobby, prohibits cities from raising any health concerns at zoning hearings, even while the Food and Drug Administration recommends a policy of "prudent avoidance" of cell phone radiation, especially among children.

5 We will show tonight that … T-MOBILE HAS IGNORED EVEN LIMITED NOTIFICATION GUIDELINES T-MOBILE HAS NOT SHOWN A SIGNIFICANT GAP IN SERVICE T-MOBILE HAS NOT SHOWN PROBLEMS WITH CAPACITY THE PLACEMENT OF THE PROPOSED CELL TOWER AFFECTS NEIGHBORHOOD VALUES. T-MOBILE HAS IGNORED EVEN LIMITED NOTIFICATION GUIDELINES T-MOBILE HAS NOT SHOWN A SIGNIFICANT GAP IN SERVICE T-MOBILE HAS NOT SHOWN PROBLEMS WITH CAPACITY THE PLACEMENT OF THE PROPOSED CELL TOWER AFFECTS NEIGHBORHOOD VALUES.

6 We will show tonight that … T-MOBILE HAS NOT TRIED TO FIND THE LEAST INTRUSIVE SITE FOR ITS TOWER T-MOBILE'S CLAIMS ABOUT 911 ARE NOT PERSUASIVE AND IN FACT MISLEADING T-MOBILE HAS SHOWN BAD CORPORATE CITIZENSHIP THE CITY OF GLENDALE CAN TAKE STEPS TO PROTECT ITS RESIDENTIAL NEIGHBORHOODS T-MOBILE HAS NOT TRIED TO FIND THE LEAST INTRUSIVE SITE FOR ITS TOWER T-MOBILE'S CLAIMS ABOUT 911 ARE NOT PERSUASIVE AND IN FACT MISLEADING T-MOBILE HAS SHOWN BAD CORPORATE CITIZENSHIP THE CITY OF GLENDALE CAN TAKE STEPS TO PROTECT ITS RESIDENTIAL NEIGHBORHOODS

7 (A) T-MOBILE HAS IGNORED EVEN LIMITED NOTICE GUIDELINES T-Mobile has shown improper disclosure, even under their own limited requirements and the limited requirements of The Telecommunications Act and City Public Works.

8 (A) T-MOBILE HAS IGNORED EVEN LIMITED NOTICE GUIDELINES (1) T-Mobile had no plans to disclose any information to the public, other than a simple "pizza hanger" style advertisement. (See Exhibit A) The notice failed to list a contact name, number, or any information about the construction. The notice listed an address ¼ Cumberland Road, which didnt give neighbors meaningful information as to the location of construction. (1) T-Mobile had no plans to disclose any information to the public, other than a simple "pizza hanger" style advertisement. (See Exhibit A) The notice failed to list a contact name, number, or any information about the construction. The notice listed an address ¼ Cumberland Road, which didnt give neighbors meaningful information as to the location of construction.

9 (A) T-MOBILE HAS IGNORED EVEN LIMITED NOTICE GUIDELINES After complaints, T-Mobile's contactor returned with a second notice - this time with a phone number to call. When you call it, it had no information; it simply said, "Hi this is Ed. Please leave a message. (Exhibit B)

10 (A) T-MOBILE HAS IGNORED EVEN LIMITED NOTICE GUIDELINES The third notice, which came days after, still lacked disclosure, claiming the projects purpose was to "replace a light pole on the North Side of the Street." As you can see from the pictures attached, there is nothing wrong with this light pole. (Exhibit C) These notices went out to nine homes, below the notification guidelines in Glendale's own code. The third notice, which came days after, still lacked disclosure, claiming the projects purpose was to "replace a light pole on the North Side of the Street." As you can see from the pictures attached, there is nothing wrong with this light pole. (Exhibit C) These notices went out to nine homes, below the notification guidelines in Glendale's own code.

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12 (A) T-MOBILE HAS IGNORED EVEN LIMITED NOTICE GUIDELINES We will show that this behavior is part of a track record of deception that T-Mobile has shown in the city of L.A. We will demonstrate T-Mobiles strategy of avoiding blame by putting subcontractors in front of the public, the company not agreeing to sit down with residents or answer questions. We will show that this behavior is part of a track record of deception that T-Mobile has shown in the city of L.A. We will demonstrate T-Mobiles strategy of avoiding blame by putting subcontractors in front of the public, the company not agreeing to sit down with residents or answer questions.

13 (A) T-MOBILE HAS IGNORED EVEN LIMITED NOTICE GUIDELINES Per the Glendale Zoning code, , when the director of public works has determined that a person has violated any of the terms of this chapter or that an encroachment … constitutes a public nuisance … the director of public works is authorized to issue a stop work order … or revoke a permit. The former is what already occurred. The latter - REVOCATION … is what we seek today. Per the Glendale Zoning code, , when the director of public works has determined that a person has violated any of the terms of this chapter or that an encroachment … constitutes a public nuisance … the director of public works is authorized to issue a stop work order … or revoke a permit. The former is what already occurred. The latter - REVOCATION … is what we seek today.

14 (B) T-MOBILE HAS NOT SHOWN A SIGNIFICANT GAP IN SERVICE T-Mobile's own existing coverage service map, which we will display, shows that there is already adequate coverage in the area. There are NO white areas which T- Mobile's own materials define as a loss of service. (Exhibit W)

15 (B) T-MOBILE HAS NOT SHOWN A SIGNIFICANT GAP IN SERVICE The fact that T-Mobile calls may not (at all times and in every location) be made and received indoors does not mean that T-Mobile has a 'significant gap' in service as that term has been defined by federal appellate courts, including the Ninth Circuit Court of Appeals (See MetroPCS vs.. City and County of San Francisco, 400 F.3d 715 (9 th Circ.2005) * It is inherently the nature of wireless technology that building materials block and attenuate signals, and adding an antenna facility will not change this fundamental law of physics. The fact that T-Mobile calls may not (at all times and in every location) be made and received indoors does not mean that T-Mobile has a 'significant gap' in service as that term has been defined by federal appellate courts, including the Ninth Circuit Court of Appeals (See MetroPCS vs.. City and County of San Francisco, 400 F.3d 715 (9 th Circ.2005) * It is inherently the nature of wireless technology that building materials block and attenuate signals, and adding an antenna facility will not change this fundamental law of physics.

16 (B) T-MOBILE HAS NOT SHOWN A SIGNIFICANT GAP IN SERVICE Discussions with residents with T-Mobile service confirmed that they are, in fact, able to make and receive calls from inside their homes. Residents Ellie Polychronis and John McMahon drove the neighborhood calling from Ellie's T- Mobile phone to John's wife on a land-line. Driving up and down Cumberland, Meadows, Pacific, Ridgecrest, Hillcrest, and Maginn - CALLS NEVER DROPPED. Discussions with residents with T-Mobile service confirmed that they are, in fact, able to make and receive calls from inside their homes. Residents Ellie Polychronis and John McMahon drove the neighborhood calling from Ellie's T- Mobile phone to John's wife on a land-line. Driving up and down Cumberland, Meadows, Pacific, Ridgecrest, Hillcrest, and Maginn - CALLS NEVER DROPPED.

17 (B) T-MOBILE HAS NOT SHOWN A SIGNIFICANT GAP IN SERVICE When, on January 2 nd, T-Mobile representatives heard this at a home visit with John McMahon, they responded that the results might be different walking (vs. driving) or inside a home. On January 4th, McMahon walked up and down Cumberland, up Pacific, and along Meadows. 10 residents allowed him inside their homes, to test the T-Mobile phone he was lent for the test. Calls were possible in all locations. We video-taped these results and they are available at YouTube.Com (Search Get the cell out of here) When, on January 2 nd, T-Mobile representatives heard this at a home visit with John McMahon, they responded that the results might be different walking (vs. driving) or inside a home. On January 4th, McMahon walked up and down Cumberland, up Pacific, and along Meadows. 10 residents allowed him inside their homes, to test the T-Mobile phone he was lent for the test. Calls were possible in all locations. We video-taped these results and they are available at YouTube.Com (Search Get the cell out of here)

18 (B) T-MOBILE HAS NOT SHOWN A SIGNIFICANT GAP IN SERVICE In the previously-mentioned Windsor Homes Community, also fighting T-Mobile, similar results were found, and those residents contacted a T- Mobile service rep, who informed them that their area (where a cell tower was also asserted as a necessity) had a call completion rate of over 97%. T-Mobile's own lobbyist, in that case, David Cunningham, met with residents and raved about coverage at the site. In the previously-mentioned Windsor Homes Community, also fighting T-Mobile, similar results were found, and those residents contacted a T- Mobile service rep, who informed them that their area (where a cell tower was also asserted as a necessity) had a call completion rate of over 97%. T-Mobile's own lobbyist, in that case, David Cunningham, met with residents and raved about coverage at the site.

19 (C) T-MOBILE HAS NOT SHOWN PROBLEMS WITH CAPACITY Capacity refers to the number of customers able to access the same cell antenna base station facility at the same time. In order for T-Mobile to demonstrate this, it should complete the following CAPACITY CHECKLIST (shown as follows) Capacity refers to the number of customers able to access the same cell antenna base station facility at the same time. In order for T-Mobile to demonstrate this, it should complete the following CAPACITY CHECKLIST (shown as follows)

20 (C) T-MOBILE HAS NOT SHOWN PROBLEMS WITH CAPACITY CAPACITY CHECKLIST: (i)Provide quantifiable network performance metrics recorded over time, including (a) Baseline network performance (b) Peak loads correctly handled and time periods (c) Nominal loads correctly handled CAPACITY CHECKLIST: (i)Provide quantifiable network performance metrics recorded over time, including (a) Baseline network performance (b) Peak loads correctly handled and time periods (c) Nominal loads correctly handled

21 (C) T-MOBILE HAS NOT SHOWN PROBLEMS WITH CAPACITY (ii) This should also include the following information: (a) The total number of T-Mobile customers in this service area in a given period of time (e.g. one month) (b) The total number of dropped or blocked calls in this area over that time (c ) The make and model number of the equipment at its existing adjacent sites (ii) This should also include the following information: (a) The total number of T-Mobile customers in this service area in a given period of time (e.g. one month) (b) The total number of dropped or blocked calls in this area over that time (c ) The make and model number of the equipment at its existing adjacent sites

22 (C) T-MOBILE HAS NOT SHOWN PROBLEMS WITH CAPACITY (iii) Additionally, information about blocked/dropped calls and data network should be broken out as follows to detail ALL causes: (a) RF/air-network base station capacity issues (b) Consumer equipment issues (e.g. cell phone batteries not adequately charged) (c ) Non-RF / non-air-network issues in the adjacent cells already providing service coverage (d ) Other back end and network issues (iii) Additionally, information about blocked/dropped calls and data network should be broken out as follows to detail ALL causes: (a) RF/air-network base station capacity issues (b) Consumer equipment issues (e.g. cell phone batteries not adequately charged) (c ) Non-RF / non-air-network issues in the adjacent cells already providing service coverage (d ) Other back end and network issues

23 (C) T-MOBILE HAS NOT SHOWN PROBLEMS WITH CAPACITY T- MOBILE HAS PROVIDED NONE OF THE ABOVE. A NEWLY-FORMED CITY REVIEW PROCESS SHOULD REQUIRE ALL THIS INFORMATION, AND MORE AS WE DESCRIBE BELOW. IT ALSO SHOULD BE VERIFIED BEFORE ANY PERMIT IS ISSUED. (As a note, the information could easily be redacted to block customer information, if that is T-Mobile's response to privacy issues) T- MOBILE HAS PROVIDED NONE OF THE ABOVE. A NEWLY-FORMED CITY REVIEW PROCESS SHOULD REQUIRE ALL THIS INFORMATION, AND MORE AS WE DESCRIBE BELOW. IT ALSO SHOULD BE VERIFIED BEFORE ANY PERMIT IS ISSUED. (As a note, the information could easily be redacted to block customer information, if that is T-Mobile's response to privacy issues)

24 (C) T-MOBILE HAS NOT SHOWN PROBLEMS WITH CAPACITY T-Mobile Representatives Searcy and Gaworecki, during their site visit on 1/2/09, said the placement of the tower was a response to (a) Capacity and (b) Demand. T-Mobile has shown nothing to prove capacity issues. 911 advantages to an increased capacity have been shown to be untrustworthy and invalid (see earlier Exhibits D- P) Demand issues seem to be a non-factor with the low level of demand as seen in the petitions (See Exhibit M) G.O. A.C.T.'s own marketing against the T-Mobile brand in the neighborhood should assure T-Mobile a continued lack of demand. T-Mobile Representatives Searcy and Gaworecki, during their site visit on 1/2/09, said the placement of the tower was a response to (a) Capacity and (b) Demand. T-Mobile has shown nothing to prove capacity issues. 911 advantages to an increased capacity have been shown to be untrustworthy and invalid (see earlier Exhibits D- P) Demand issues seem to be a non-factor with the low level of demand as seen in the petitions (See Exhibit M) G.O. A.C.T.'s own marketing against the T-Mobile brand in the neighborhood should assure T-Mobile a continued lack of demand.

25 (D) THE PLACEMENT OF THE CELL TOWER WILL AFFECT NEIGHBORHOOD VALUES The Appraisal Institute is the largest global professional membership organization for appraisers with 91 chapters throughout the world. The Institute spotlighted the issue of cell towers and the fair market value of a home and educated its members that a cell tower should, in fact, cause a decrease in home value. (www.appraisalinstitute.org) The Appraisal Institute is the largest global professional membership organization for appraisers with 91 chapters throughout the world. The Institute spotlighted the issue of cell towers and the fair market value of a home and educated its members that a cell tower should, in fact, cause a decrease in home value. (www.appraisalinstitute.org)

26 (D) THE PLACEMENT OF THE CELL TOWER WILL AFFECT NEIGHBORHOOD VALUES The definitive work on this subject was done by Dr. Sandy Bond, who concluded that "media attention to the potential health hazards of [cellular phone towers and antennas] has spread concerns among the public, resulting in increased resistance" to sites near those towers. (See Exhibit Q) Percentage decreases mentioned in the study range from 2 to 20%. For the subject property itself, since the tower sits directly in front of it, the percentage will move toward the higher range. The definitive work on this subject was done by Dr. Sandy Bond, who concluded that "media attention to the potential health hazards of [cellular phone towers and antennas] has spread concerns among the public, resulting in increased resistance" to sites near those towers. (See Exhibit Q) Percentage decreases mentioned in the study range from 2 to 20%. For the subject property itself, since the tower sits directly in front of it, the percentage will move toward the higher range.

27 (D) THE PLACEMENT OF THE CELL TOWER WILL AFFECT NEIGHBORHOOD VALUES There may be a legal obligation the city is forcing onto the nearby Cumberland Residents - to disclose the existence of the tower when selling a home which may erode the property value The California Association of Realtors maintains that "sellers and licensees must disclose material facts that affect the value or desirability of the property," including "known conditions outside of and surrounding" it. This includes "nuisances" and zoning changes that allow for commercial uses There may be a legal obligation the city is forcing onto the nearby Cumberland Residents - to disclose the existence of the tower when selling a home which may erode the property value The California Association of Realtors maintains that "sellers and licensees must disclose material facts that affect the value or desirability of the property," including "known conditions outside of and surrounding" it. This includes "nuisances" and zoning changes that allow for commercial uses

28 (D) THE PLACEMENT OF THE CELL TOWER WILL AFFECT NEIGHBORHOOD VALUES We will also show a picture of the subject property, with the current residents children, ages 3 and 5, playing 5 feet from the proposed tower. (Exhibit R) We will display how T-Mobile's own artistic re-creations of the cell tower in front of the proposed home dwarf the home (Will common sense prevail when seeing this?) (Exhibit T) We will attach a letter from a local realtor providing evidence on the issue of property value decrease. (Exhibit V) We will also show a picture of the subject property, with the current residents children, ages 3 and 5, playing 5 feet from the proposed tower. (Exhibit R) We will display how T-Mobile's own artistic re-creations of the cell tower in front of the proposed home dwarf the home (Will common sense prevail when seeing this?) (Exhibit T) We will attach a letter from a local realtor providing evidence on the issue of property value decrease. (Exhibit V)

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30 (D) THE PLACEMENT OF THE CELL TOWER WILL AFFECT NEIGHBORHOOD VALUES Lower Home Values LEAD TO Lower Property Tax LEADS TO Less Revenue for Glendale Per Glendales Zoning Code, even in the case of a public right-of-way encroachment permit, the Director of public works may deny the permit if he determines that the welfare of the community will be adversely affected by the proposed encroachment … [or] attach such reasonable conditions thereto as would eliminate such adverse affects. Lower Home Values LEAD TO Lower Property Tax LEADS TO Less Revenue for Glendale Per Glendales Zoning Code, even in the case of a public right-of-way encroachment permit, the Director of public works may deny the permit if he determines that the welfare of the community will be adversely affected by the proposed encroachment … [or] attach such reasonable conditions thereto as would eliminate such adverse affects.

31 (E) T-MOBILE HAS NOT SHOWN THE PLACEMENT OF THE TOWER AS THE LEAST INTRUSIVE SITE T-Mobile should have the burden of showing that its proposed site is the "least intrusive site" for the community. The 9 th Circuit Court of Appeals clearly stated in its MetroPCS vs.. the City and County of San Francisco that the "least intrusive" standards "allows for a meaningful comparison of alternative sites. T-Mobile should have the burden of showing that its proposed site is the "least intrusive site" for the community. The 9 th Circuit Court of Appeals clearly stated in its MetroPCS vs.. the City and County of San Francisco that the "least intrusive" standards "allows for a meaningful comparison of alternative sites.

32 (E) T-MOBILE HAS NOT SHOWN THE PLACEMENT OF THE TOWER AS THE LEAST INTRUSIVE SITE The District Court criticized Metro PCS as follows: "The alternative site analysis took place as part of the effort by MetroPCS' RF engineers and siting experts to determine the best possible cell site for MetroPCS from an engineering perspective. Put another way, that analysis was aimed at finding the best site from which to provide greater service coverage, not necessarily at finding the least intrusive means with respect to identifying the best solution for the community." The District Court criticized Metro PCS as follows: "The alternative site analysis took place as part of the effort by MetroPCS' RF engineers and siting experts to determine the best possible cell site for MetroPCS from an engineering perspective. Put another way, that analysis was aimed at finding the best site from which to provide greater service coverage, not necessarily at finding the least intrusive means with respect to identifying the best solution for the community."

33 (E) T-MOBILE HAS NOT SHOWN THE PLACEMENT OF THE TOWER AS THE LEAST INTRUSIVE SITE The Court went on to state that compliance with this least intrusive standard requires a wireless carrier like T-Mobile to provide evidence that it has considered (a) less sensitive sites (b) alternative system designs (c) alterative tower designs; and (d) the placement of antennae on existing structures The Court went on to state that compliance with this least intrusive standard requires a wireless carrier like T-Mobile to provide evidence that it has considered (a) less sensitive sites (b) alternative system designs (c) alterative tower designs; and (d) the placement of antennae on existing structures

34 (E) T-MOBILE HAS NOT SHOWN THE PLACEMENT OF THE TOWER AS THE LEAST INTRUSIVE SITE The fact that a higher tower may be needed - or a different design or network required - is unimportant. The objective is whats LEAST INTRUSIVE FOR THE COMMUNITY About a month ago, when the council discussed the public pool proposed for Glendale, a member commented that there was a fundamental misunderstanding of the word alternatives, since the pool designs were all one design, with a different number of lanes. This is a similar situation with T-Mobile. No serious analysis of real alternatives was performed. The fact that a higher tower may be needed - or a different design or network required - is unimportant. The objective is whats LEAST INTRUSIVE FOR THE COMMUNITY About a month ago, when the council discussed the public pool proposed for Glendale, a member commented that there was a fundamental misunderstanding of the word alternatives, since the pool designs were all one design, with a different number of lanes. This is a similar situation with T-Mobile. No serious analysis of real alternatives was performed.

35 (F) T-MOBILE'S CLAIMS ABOUT 911 ARE NOT PERSUASIVE … IN FACT, THEY ARE MISLEADING T-Mobile and other carriers like to tell us that no one in our neighborhood has a land line anymore - that we have abandoned them for cell phones. While this is untrue in most areas, in affluent neighborhoods with median ages of owners above 50, like ours, this is especially Untrue. NOT ONE PERSON who signed our petition responded that they have already OR would give up their land line. T-Mobile and other carriers like to tell us that no one in our neighborhood has a land line anymore - that we have abandoned them for cell phones. While this is untrue in most areas, in affluent neighborhoods with median ages of owners above 50, like ours, this is especially Untrue. NOT ONE PERSON who signed our petition responded that they have already OR would give up their land line.

36 (F) T-MOBILE'S CLAIMS ABOUT 911 ARE NOT PERSUASIVE T-Mobile's argument is as follows: Residents cancel their land lines and only use cell phones. Residents have an emergency and need good 911 coverage via cell phone to save their lives. T-Mobile's argument is as follows: Residents cancel their land lines and only use cell phones. Residents have an emergency and need good 911 coverage via cell phone to save their lives.

37 (F) T-MOBILE'S CLAIMS ABOUT 911 ARE NOT PERSUASIVE On January 2 nd, two representatives from Synergy and T-Mobile, Rob Searcy and Wally Gaworecki, came out to the home of John McMahon, where the cell tower is proposed. They confirmed that even a digital cell phone with a cancelled contract will pick up ANY SIGNAL of ANY CARRIER in the area - when is dialed. On January 2 nd, two representatives from Synergy and T-Mobile, Rob Searcy and Wally Gaworecki, came out to the home of John McMahon, where the cell tower is proposed. They confirmed that even a digital cell phone with a cancelled contract will pick up ANY SIGNAL of ANY CARRIER in the area - when is dialed.

38 (F) T-MOBILE'S CLAIMS ABOUT 911 ARE NOT PERSUASIVE The argument for 911 then becomes how much total cell capacity - from all carriers - is in your neighborhood. We will show maps from Verizon, AT&T, Sprint- Nextel and T-Mobile - ALL displaying great coverage from all carriers, ready for 911 calls. (See attached - Exhibits D, E, F, and G) The argument for 911 then becomes how much total cell capacity - from all carriers - is in your neighborhood. We will show maps from Verizon, AT&T, Sprint- Nextel and T-Mobile - ALL displaying great coverage from all carriers, ready for 911 calls. (See attached - Exhibits D, E, F, and G)

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40 (F) T-MOBILE'S CLAIMS ABOUT 911 ARE NOT PERSUASIVE T-Mobile has a history of misleading cities on the 911 issue. In the issue of the Windsor Homes Association working with the Los Angeles County Board of Supervisors, T-Mobile repeatedly provided deceptive information about the advantages of 911. T-Mobile introduced testimony in the ongoing Windsor Homes Association case to discredit local residents, but failed to mention that much of the statistical data they presented included accidental calls to 911. T-Mobile has a history of misleading cities on the 911 issue. In the issue of the Windsor Homes Association working with the Los Angeles County Board of Supervisors, T-Mobile repeatedly provided deceptive information about the advantages of 911. T-Mobile introduced testimony in the ongoing Windsor Homes Association case to discredit local residents, but failed to mention that much of the statistical data they presented included accidental calls to 911.

41 (F) T-MOBILE'S CLAIMS ABOUT 911 ARE NOT PERSUASIVE We will attach an analysis from the Windsor Hills area, where T-Mobile went on record and purported that there were over 5, calls in 1 month made from T-Mobile cells in that area. The actual amount of T-Mobile customers in the area turned out to be a little over 1000, meaning that T-Mobile claimed each of their customers made 5 separate 911 calls that month. (See Exhibit H) We will attach an analysis from the Windsor Hills area, where T-Mobile went on record and purported that there were over 5, calls in 1 month made from T-Mobile cells in that area. The actual amount of T-Mobile customers in the area turned out to be a little over 1000, meaning that T-Mobile claimed each of their customers made 5 separate 911 calls that month. (See Exhibit H)

42 (F) T-MOBILE'S CLAIMS ABOUT 911 ARE NOT PERSUASIVE We will attach written testimony from a 911 call center employee - a member of law enforcement - attesting to T- Mobiles inaccurate reporting of 911 data. (See Exhibit J) We will show an excerpt from T-Mobile's own website that warns "Is your Cell Phone Causing a 911 Crisis?" and mentions that over half of 911 calls are accidental calls from cell phones and are not for real emergency purposes. (See Exhibit K) We will attach written testimony from a 911 call center employee - a member of law enforcement - attesting to T- Mobiles inaccurate reporting of 911 data. (See Exhibit J) We will show an excerpt from T-Mobile's own website that warns "Is your Cell Phone Causing a 911 Crisis?" and mentions that over half of 911 calls are accidental calls from cell phones and are not for real emergency purposes. (See Exhibit K)

43 (F) T-MOBILE'S CLAIMS ABOUT 911 ARE NOT PERSUASIVE We will attach our signed petition, which lists the cell carriers of each person signed. It will be quickly obvious that T-Mobile has a saturation level lower than any other carrier - less than 5% of the neighborhood uses T-Mobile. THE CONCLUSION: Not only are people not abandoning their land lines - there are few T-Mobile Customers in the area to tie up existing T-Mobile capacity in an emergency. (See Exhibit M) We will attach our signed petition, which lists the cell carriers of each person signed. It will be quickly obvious that T-Mobile has a saturation level lower than any other carrier - less than 5% of the neighborhood uses T-Mobile. THE CONCLUSION: Not only are people not abandoning their land lines - there are few T-Mobile Customers in the area to tie up existing T-Mobile capacity in an emergency. (See Exhibit M)

44 (F) T-MOBILES CLAIMS ABOUT 911 ARE NOT PERSUASIVE We will attach information and reporting regarding the failure of a cellular antennae to be available long term in the case of an emergency because they lack sufficient battery back-ups. Reporting has also shown that the telecom industry is fighting this requirement federally, not wanting to be financially responsible for the emergency needs which they claim are so critical to their mission. (See Exhibit N and Exhibit P, P2)

45 (G) T-MOBILE HAS SHOWN BAD CORPORATE CITIZENSHIP * AN UNWILLINGNESS TO LIVE UP TO ITS PROMISES * THE PROVIDING OF INACCURATE DATA TO COMMUNITIES AND CITIES * FAILURE TO SHOW GOOD FAITH WITH NEIGHBORHOODS * LACK OF MAINTENANCE OF SITES ONCE BUILT * AN UNWILLINGNESS TO LIVE UP TO ITS PROMISES * THE PROVIDING OF INACCURATE DATA TO COMMUNITIES AND CITIES * FAILURE TO SHOW GOOD FAITH WITH NEIGHBORHOODS * LACK OF MAINTENANCE OF SITES ONCE BUILT

46 (G) T-MOBILE HAS SHOWN BAD CORPORATE CITIZENSHIP (1) San Francisco Chronicle writer Seth Rosenfeld reported on T-Mobiles improper placement of new cell sites without compliance with local building laws (See article at Exhibit X) (2) The California Public Utilities Spokeswoman Susan Carothers confirmed The Chronicle's report, saying "CPUC staff is looking into allegations concerning T-Mobile cell siting and irregularities (3) Sources on the investigation reported that T-Mobile was rushing to put sites in, to earn bonuses, without complying with permit and noticing requirements (Sound Familiar?) (1) San Francisco Chronicle writer Seth Rosenfeld reported on T-Mobiles improper placement of new cell sites without compliance with local building laws (See article at Exhibit X) (2) The California Public Utilities Spokeswoman Susan Carothers confirmed The Chronicle's report, saying "CPUC staff is looking into allegations concerning T-Mobile cell siting and irregularities (3) Sources on the investigation reported that T-Mobile was rushing to put sites in, to earn bonuses, without complying with permit and noticing requirements (Sound Familiar?)

47 (G) T-MOBILE HAS SHOWN BAD CORPORATE CITIZENSHIP (4) We will show pictures of poorly maintained T-Mobile cell facilities (See Exhibit Y) (5) T-Mobile staff has refused to meet with residents, sending independent contractors and vendors instead (6) T-Mobile has refused to provide contact information for its on-staff liaison (someone who actually works at T- Mobile, receives a W-2 from T-Mobile) (7) T-Mobile has not provided to the public its studies of alternative sites (4) We will show pictures of poorly maintained T-Mobile cell facilities (See Exhibit Y) (5) T-Mobile staff has refused to meet with residents, sending independent contractors and vendors instead (6) T-Mobile has refused to provide contact information for its on-staff liaison (someone who actually works at T- Mobile, receives a W-2 from T-Mobile) (7) T-Mobile has not provided to the public its studies of alternative sites

48 (G) T-MOBILE HAS SHOWN BAD CORPORATE CITIZENSHIP Does T-Mobile offer to provide city benefits in exchange for good locations? And … is the City Council not told? Requests to the City of Glendale re any park land T-Mobile agreed to landscape/fix came back with the answer no; On 1/2/09, in a conversation with John McMahon, T-Mobile reps conceded they had reconfigured the hiking park entrances, gates, and done landscaping at Middle Sunshine where they put in a tower. They use studies from firms who themselves may have potential conflict of interests. Hammet and Edison, for instance - their senior engineer Robert Weller - has worked at the FCC - then at H&E -then at the FCC. Theyre like lobbyists, moving back and forth between government and private. Does T-Mobile offer to provide city benefits in exchange for good locations? And … is the City Council not told? Requests to the City of Glendale re any park land T-Mobile agreed to landscape/fix came back with the answer no; On 1/2/09, in a conversation with John McMahon, T-Mobile reps conceded they had reconfigured the hiking park entrances, gates, and done landscaping at Middle Sunshine where they put in a tower. They use studies from firms who themselves may have potential conflict of interests. Hammet and Edison, for instance - their senior engineer Robert Weller - has worked at the FCC - then at H&E -then at the FCC. Theyre like lobbyists, moving back and forth between government and private.

49 SO WHY ARE THEY DOING IT ??? WITHOUT DEMAND? WHY IS T-MOBILE SO COMMITTED TO THIS ACTION? SHOULD THEY BE ALLOWED TO DEFACE GLENDALE NEIGHBORHOODS WHEN THE 9TH CIRCUIT COURT DECISION ALLOWS CITIES TO MAKE TELECOM CARRIERS MEET REASONABLE CONDITIONS? SO WHY ARE THEY DOING IT ??? WITHOUT DEMAND? WHY IS T-MOBILE SO COMMITTED TO THIS ACTION? SHOULD THEY BE ALLOWED TO DEFACE GLENDALE NEIGHBORHOODS WHEN THE 9TH CIRCUIT COURT DECISION ALLOWS CITIES TO MAKE TELECOM CARRIERS MEET REASONABLE CONDITIONS?

50 SO WHY ARE THEY DOING IT? #1 REASON: An economic desire to gain a strong-hold in the Home Phone/Land-Based Market (Unlike carriers like AT&T, T-Mobile has no traditional home service.) With the advent of AT&Ts U-Verse, other carriers are panicking. * Residents saw the U-Verse box go in at Pacific/Kenneth. * Now AT&T has sent salesmen, door to door, for sign-ups - free wiring, combination of 1 bill for cable, cell, and phone … T-Mobile is panicking about loss of future sales - NOT RESPONDING TO DEMAND of their 8 or so customers #1 REASON: An economic desire to gain a strong-hold in the Home Phone/Land-Based Market (Unlike carriers like AT&T, T-Mobile has no traditional home service.) With the advent of AT&Ts U-Verse, other carriers are panicking. * Residents saw the U-Verse box go in at Pacific/Kenneth. * Now AT&T has sent salesmen, door to door, for sign-ups - free wiring, combination of 1 bill for cable, cell, and phone … T-Mobile is panicking about loss of future sales - NOT RESPONDING TO DEMAND of their 8 or so customers

51 SO WHY ARE THEY DOING IT? Per their own paperwork filed with the S.E.C. in T-Mobiles 10Q financial statement, the company is intent on growing "T- - described as "an affordable alternative to traditional landline service." On July 2 nd, T-Mobile launched this new service, which was previously tested in Dallas and Seattle. It allows customers to add their home phone number to their cell line service. The long term story - if it works - even MORE residential cell towers will be needed. Per their own paperwork filed with the S.E.C. in T-Mobiles 10Q financial statement, the company is intent on growing "T- - described as "an affordable alternative to traditional landline service." On July 2 nd, T-Mobile launched this new service, which was previously tested in Dallas and Seattle. It allows customers to add their home phone number to their cell line service. The long term story - if it works - even MORE residential cell towers will be needed.

52 SO WHY ARE THEY DOING IT? # 2 REASON: A desire to roll out more towers IN ADVANCE of their own 3G (3rd Generation) and soon 4G Network. T-Mobile knows that - once on the street - they are free to customize and alter towers later as technology changes. The same T-Mobile Financial Report discussed the need for T-Mobile to expand their network - not for existing demand but for future growth opportunities in the U.S., especially in mobile data as we look toward a national introduction of 3G later this year. Data services revenue (3G style revenue from applications and texting) - the report goes on to say - increased 31.5% year after year for T-Mobile. Other revenue has been dropping for them consistently. # 2 REASON: A desire to roll out more towers IN ADVANCE of their own 3G (3rd Generation) and soon 4G Network. T-Mobile knows that - once on the street - they are free to customize and alter towers later as technology changes. The same T-Mobile Financial Report discussed the need for T-Mobile to expand their network - not for existing demand but for future growth opportunities in the U.S., especially in mobile data as we look toward a national introduction of 3G later this year. Data services revenue (3G style revenue from applications and texting) - the report goes on to say - increased 31.5% year after year for T-Mobile. Other revenue has been dropping for them consistently.

53 AN ACTION PLAN … What were looking for from our public officials 1.A public study session with all relevant staff, including City Engineer and City Attorney, to educate the public about the towers and issues surrounding them. 2.The establishment of a notification process similar to that of Design Review Board (DRB) applications. 3.That all new towers be approved by the Planning Commission, so that the public will have the opportunity to review data and respond. 1.A public study session with all relevant staff, including City Engineer and City Attorney, to educate the public about the towers and issues surrounding them. 2.The establishment of a notification process similar to that of Design Review Board (DRB) applications. 3.That all new towers be approved by the Planning Commission, so that the public will have the opportunity to review data and respond.

54 AN ACTION PLAN … What were looking for from our public officials 4. That the Planning Commission must make the following findings, based on proof provided by the utilities: a.that there is a current lack of coverage; b.that the placement is the least intrusive to the community; c.that the tower utilizes the least intrusive (rather than least expensive) available technology; d. that there is no feasible location (such as open space) or alternative technology available 5. That DRB review the design and placement for all towers not in designated or proposed historical districts. 6.That HPC approve the design and placement of all towers in designated or proposed historical districts. 4. That the Planning Commission must make the following findings, based on proof provided by the utilities: a.that there is a current lack of coverage; b.that the placement is the least intrusive to the community; c.that the tower utilizes the least intrusive (rather than least expensive) available technology; d. that there is no feasible location (such as open space) or alternative technology available 5. That DRB review the design and placement for all towers not in designated or proposed historical districts. 6.That HPC approve the design and placement of all towers in designated or proposed historical districts.

55 AN ACTION PLAN … What were looking for from our public officials 7.That the Planning Department have authority over Public Works and Engineering with regard to antennas and towers. 8.That all applications are reviewed to ensure that they are in complete compliance with all zoning codes. 9.That the City of Glendale pass a resolution condemning this portion of the Federal Communications Act, to be sent to Sacramento and Washington DC. 10.That the City of Glendale pass a resolution condemning the portion of the California Public Utilities Code which allows telecom carriers to ignore local zoning codes and construct along public rights of way, to be sent to Sacramento. 7.That the Planning Department have authority over Public Works and Engineering with regard to antennas and towers. 8.That all applications are reviewed to ensure that they are in complete compliance with all zoning codes. 9.That the City of Glendale pass a resolution condemning this portion of the Federal Communications Act, to be sent to Sacramento and Washington DC. 10.That the City of Glendale pass a resolution condemning the portion of the California Public Utilities Code which allows telecom carriers to ignore local zoning codes and construct along public rights of way, to be sent to Sacramento.

56 THANKS FOR YOUR TIME! If we dont codify this and soon, the future of our beautiful city will be in question. Now is the time to take a stand against these companies whose motive is not to serve our residents. There are tons of options for fantastic cell service in this neighborhood, none of which require this tower. The Telecommunications Act allows for reciprocity among carriers; when one cell carrier is allowed into a residential areas, the city must do the same for the next. We need to stop this now - at the first one! **** For more information, go to GetTheCellOutofHere.Com THANKS FOR YOUR TIME! If we dont codify this and soon, the future of our beautiful city will be in question. Now is the time to take a stand against these companies whose motive is not to serve our residents. There are tons of options for fantastic cell service in this neighborhood, none of which require this tower. The Telecommunications Act allows for reciprocity among carriers; when one cell carrier is allowed into a residential areas, the city must do the same for the next. We need to stop this now - at the first one! **** For more information, go to GetTheCellOutofHere.Com

57 Will the City allow T-Mobile to put a 3-Story Tower in front of this suburban Glendale home?


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