News

Victory in Ithaca – Dec. 2021

The City of Ithaca has officially established updates to the wireless codes. It will greatly limit redundant cell antennas in the city, which is a big win for health of city residents as well as its environment.

Restrictive new code provisions for the City of Ithaca

• A 1500 foot setback between antennas (old code: 0 feet)
• A 250 foot setback between antennas and homes/schools (old code: 8 feet)
  (Note: Although a 1500 foot setback would be better, since schools are in dense residential areas, this provision will achieve a similar result.)
• Requiring proof of a significant gap in service coverage for any antenna, proven by ‘in-kind’ testing (such as drive-by tests and dropped calls)
• Clarifying that an applicant’s claim that it needs the proposed tower for “future capacity” or to “improve coverage” is not sufficient to establish that it suffers from a significant gap in coverage
• Requiring the least intrusive methods to fill any coverage gap for antennas
• Requiring that a visual impact analysis be submitted for any new proposed antennas
• Requiring General Liability Insurance without a pollution exclusion
• Allowing for random, unannounced radiation testing for all towers done by the City at the expense of the applicant
• Including fall-zone requirements that wireless facilities are maintained at a sufficient distance from other structures and the general public
• Allowing for revocability (a clause allowing the voiding of any contract requiring its modification in the event of a regulatory change)
• Mandating certified mail notices of any proposed tower be sent to people living near a proposed site before approval, paid for by the applicant.
• Establishing a procedure for any disabled persons suffering from EHS to submit requests/grievances in accordance with the ADA
• Establishing that the codes apply to all wireless transmitting antennas, including any on private homes (aimed at the OTARD challenge)
• Deputizing any citizen to test for RF emissions
• Protecting against reductions in property values of properties situated near wireless facilities
• Requiring that everything submitted by the applicant is done so under oath and penalty of perjury