Glendale joins lawsuit against FCC

CITY HALL — In the latest chapter for local control over micro-cellular towers, the City Council on Tuesday voted to join a coalition of cities nationwide to pressure the Federal Communications Commission to allow more leeway.

The move comes as the wireless industry also pressures the federal government to exempt carriers from local zoning ordinances, a key source of contention in cities where residents have complained of the aesthetic impacts and possible ill-health effects of cellular antennas in their neighborhoods.

Last year, north Glendale residents mobilized against T-Mobile after the company tried to install a micro-cell site in the city right-of-way of an upscale neighborhood. The wireless company eventually withdrew the project, but only after the City Council enacted a moratorium until attorneys could draft regulations for the equipment in residential zones.

The City Council voted 3 to 0 Tuesday, with Mayor Frank Quintero and Councilman Ara Najarian absent, to retain outside legal counsel to represent the city in opposing the wireless industry’s attempt to limit local zoning authority on the positioning of cell towers.

“We felt it appropriate . . . to retain specialized counsel to work with not only Glendale but other cities in trying to advocate before the FCC the need to retain our ability to properly examine these applications for wireless antenna facilities, and regulate them accordingly,” City Atty. Scott Howard said Tuesday.

Wireless providers have argued that as more households drop their land lines in favor of cell phones — especially bandwidth-hungry smart phones — demand for more reliable service in residential neighborhoods has risen, spurring the need to build the micro-cell sites.

City officials say they should have the ability to review applications for cellular sites in their right-of-way in order to address public concerns, but federal laws trump their authority to do so. In response to more cities’ trying to keep them out of residential areas, the Wireless Assn., an industry organization, recently petitioned the FCC for a declaration preempting local zoning control of cell tower sites.

“Wireless carriers are working tirelessly to build and maintain their network infrastructure in order to meet the growing demand for wireless, and provide the highest level of reliable service,” the association said in a statement.