Watch Now! Project WTF: Antenna & Cell Pole Litigation Underway

Let’s not shoot ourselves in the foot!!

Now is not the time for the County Council to pass “permissive” zoning legislation on behalf of the wireless industry while Montgomery County remains an active co-petitioner appealing FCC's 6409 Clarification Order (League of California Cities, v. FCC - 9th Circuit USCA ) and while a lawsuit appealing radio frequency regulations (EHT et. al., v. FCC – USCA, DC Circuit) is still pending.

Both cases have potential to profoundly impact the regulations for siting and expansion of cell towers and allow greater resident protections.

Why are some members of the Council in such a hurry to help the wireless industry when important Court decisions are expected soon?

Please listen to this presentation, which includes audio and video excerpts of County leaders in 2020 urging caution to not hastily rush forward on ZTA 19-07 when previous litigation was pending.

ZTA 19-07 was re-introduced in February 2021― and other litigation is pending NOW, too!

The presentation also includes brief video and audio clips from the oral arguments before the Ninth Federal Circuit Court and the D.C. Federal District Court, to help residents understand the importance of this active litigation.

Process matters.

We must allow the Courts to issue decisions on these appeals before passing misguided zoning changes that prematurely cede resident protections to wireless corporations!

Write and call your Council members today.

Tell them to stop ZTA 19-07!

The following links are referenced in the presentation:

  • As the County telecom attorneys BB&K have explained, through this 2nd Order on RF Standards, the FCC makes no changes to RF emissions limits it established principally in the 1990s.
  • Press coverage reported: Two Obama-appointed judges suggested FCC review inadequate
    And legal analysts expect that the Court will likely vacate and remand the 2nd Order on RF Standards.
  • BB&K advised that, as adopted, [the 6406 Clarification Order] has the potential to undermine communities’ enforcement of aesthetic standards, including concealment, applicable to wireless facilities, including small cells in the public rights-of-way.

Contact Montgomery County Leaders
e-mail * phone * tweet

Council President Tom Hucker

Councilmember Andrew Friedson

Councilmember Evan Glass

Councilmember Will Jawando

Councilmember Sidney Katz

Councilmember Nancy Navarro

Council Vice President Gabe Albornoz (ZTA 19-07 co-sponsor)

Councilmember Craig Rice (ZTA 19-07 co-sponsor)

Councilmember Hans Riemer (ZTA 19-07 sponsor)

Montgomery County Council

Montgomery County Executive Marc Elrich

Project WTF Litigation Video

Posted by adminMC4T