As an individual or an association, you have the right to fight against sustaining the adverse consequences which you may suffer in the event that a Cell Tower were to be installed in close proximity to your home, or in your community.
You have the right to fight against sustaining a loss to the value of your property as a result of the installation of a Cell Tower in close proximity.
You have the right to protect yourself, your family, friends and neighbors against the dangers of Cell Tower collapse, which occurs more often than the average person realizes.
You have the right to fight against having the installation of a Cell Tower adversely affect the character or aesthetics of your neighborhood.
You also have a right to protect yourself, your family, friends and neighbors against the potential adverse health impacts associated with continued exposure to RF emissions from Cell Towers.
What you may not know is that, in addition to any rights you possess under state law, your right to be heard in opposition to Cell Tower applications is also protected by the 1st Amendment to the U.S. Constitution, which guarantees your Constitutional right to petition government for the redress of grievances.
Your Right to Petition, encompasses a federally protected right to be heard before any local Planning Board, Town Board or Zoning Board, and to make submissions to same, for the purpose of opposing any Cell Tower application pending before any such board or boards.
By exercising such rights, individuals and civic associations have not only defeated carrier's efforts to install one or more Cell Towers near their respective homes or businesses, they have even forced a carrier to tear down a Cell Tower, despite the fact that the Tower's construction was already near completion.
Your Right to Petition also protects your right to demand that your local officials enact and enforce proper zoning ordinances which can protect your property values, can protect yourselves and the public from the potential dangers of Cell Tower collapse, and can further protect against Cell Towers adversely affecting both the aesthetics and the character of your neighborhood.
It also protects your right to resort to legal recourse, in both Federal and State Courts, to challenge the approval of a Cell Tower application, or to defend a local government's denial of one.
While the Telecommunications Act of 1996 bars local governments from denying zoning applications for Cell Towers based upon the potential adverse health impacts caused by their RF emissions1, your Right to Petition guarantees your right to contact your state and federal elected officials, if you so choose, to demand that the Telecommunications Act be changed so that it not prohibit local governments from considering the potential adverse health impact of Cell Tower RF emissions.
You also have the right to join with the growing number of groups, across the Country, who are organizing for that very purpose.
Finally, you have the right to retain legal counsel to protect your interests, and to guide you in the exercise of your rights.
At Campanelli & Associates, P.C., we offer experienced representation to individuals and civic associations who are desirous of invoking their rights to protect their property, their friends, families and neighbors, from the adverse effects of having a Cell Tower or Cell Antennas installed in close proximity to their homes or properties.
1 You can, however, still ensure that your local Town, County or Village require that any applicant seeking to install a Cell Tower or Cell Antenna establish that its proposed equipment and facility will be FCC compliant, and the RF emissions will not exceed the limits set by the FCC, under the proper standard which would be applicable in each respective case.