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  1. #1
    The Magnificent Bastard
    Guest

    Bayonne, Nextel to start talks on antenna law
    Mediator will try to forge agreement on appropriate sites

    By Michaelangelo Conte
    Jersey Journal Staff Writer
    Tuesday, August 12, 2003

    Bayonne, New Jersey USA (Hudson County)


    Bayonne and a wireless communications firm are scheduled to sit down
    tomorrow with a mediator to work out their differences over an antenna
    ordinance aimed at keeping more cell phone towers from popping up in
    residential parts of the Peninsula City.

    Nextel Communications, which filed a lawsuit last year challenging the
    constitutionality of the ordinance, is trying to build a new cell
    phone tower on top of a building at Kennedy Boulevard and 34th Street.

    Councilman-at-large Tony Chiappone said Nextel Communications is
    trying to tell Bayonne what the city should look like.

    "Essentially, this is an ordinance which telecommunication companies
    fear because, I believe, they are concerned other municipalities will
    adopt and enforce similar ordinances," Chiappone said yesterday.

    "We as a municipality feel we have a right to regulate the placement
    of cellular antennas as it applies to building codes and municipal
    ordinances."

    Chiappone and former Councilman Nicholas Capodice co-chaired the
    Bayonne Antenna Committee that drew up the antenna ordinance, which
    was approved unanimously by the City Council in May 2001.

    The ordinance was spurred by the stiff opposition residents displayed
    to a number of wireless communication company applications to erect
    antennas in residential areas of Bayonne.

    Last year, Nextel filed a lawsuit in Hudson County Superior Court
    appealing the Bayonne Zoning Board of Adjustment's denial of its
    application to erect wireless antennas on a building on Kennedy
    Boulevard near 34th Street.

    Nextel then also filed an action challenging the constitutionality of
    the city's antenna ordinance itself.

    But earlier this year, Superior Court Judges Maurice Gallipolli
    ordered Nextel and the city to engage in mediation to resolve the
    issue, and Nextel agreed to withdraw its appeal, while reserving the
    right to reinstate it if mediation does not resolve the matter,
    Bayonne Board of Adjustment Counsel Richard N. Campisano said.

    Nextel is opposed to the antenna ordinance's system of "preferred
    sites" governing the placement of antennas in the city. The ordinance
    lists a number of areas preferred for antenna placement, ranging from
    industrial areas, which are most preferred, down to the residential
    areas, the least preferred.

    Under the ordinance, an applicant must make a case before the Board of
    Adjustment showing that it is not feasible or effective to erect its
    antennas in a preferred area. Only then would the company be able to
    install its antennas at a less preferred site.

    Nextel also opposes the fee instituted by the ordinance, and the
    requirement that wireless companies register their antenna sites with
    the city.

    A municipality's right to regulate wireless antenna sites is limited
    because of federal laws regulating the wireless industry through the
    federal Telecommunications Act of 1996.

    "Basically, Congress has deemed this kind of communication (wireless)
    to be in the best interest of citizens, and said that federal
    regulations supersede all other jurisdictions," Campisano said.

    But Bayonne officials also say it is necessary to enforce code
    requirements as well as regulate the location of cellular antennas for
    the safety and protection of the residents, and city officials believe
    they have a right to do so.

    Campisano said that at tomorrow's mediation hearing, representatives
    of the city and Nextel will "discuss the ordinance and see if there is
    any common ground to work our way though our differences.

    "Mediation is designed to allow us to work through the problem in good
    faith. If we can't, Nextel will reinstate its lawsuit."

    Kearny, Harrison and East Newark have also passed ordinances intended
    to force wireless companies to look to industrial zones before
    residential areas as sites for new antennas.

    Wireless companies have also met public opposition in [nearby towns]
    Jersey City and West New York.

    Nextel's attorney, Gregory J. Czura, referred questions to Nextel
    spokeswoman Diane Rainey, who couldn't be reached yesterday.



    http://www.nj.com/news/jjournal/inde...8307223491.xml



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  2. #2
    All the News
    Guest

    Re: Bayonne, Nextel to start talks on antenna law


    "The Magnificent Bastard" <[email protected]> wrote in message
    news:[email protected]
    >
    > Bayonne, Nextel to start talks on antenna law
    > Mediator will try to forge agreement on appropriate sites
    >
    > By Michaelangelo Conte
    > Jersey Journal Staff Writer
    > Tuesday, August 12, 2003
    >
    > Bayonne, New Jersey USA (Hudson County)


    On a somewhat related, but not really note:

    Here in Grand Rapids, MI a lot of cell phone companys
    are installing towers on the top of water towers. Makes
    sense to me, the structure is already there in the skyline,
    so might as well add the communication equip to it.

    An interesting side effect, for me personally this has
    been both a good thing and a bad thing.

    The good thing is that I got a really nice brick wall in my
    backyard now instead of a chain link fence. See, we live
    right next to a water tower. When a cell company (in this
    case Nextel interstingly enough) wants to add atennea to
    a tower, they also need to add lots of electrical equipment
    on the ground. The city has started mandating that when
    they do this, they need to build a wall around these areas
    so that the area doesn't become an eye sore for the residential
    areas. End result: I get a great looking wall for a stretch of
    my backyard. Looks wonderingful and I get more privacy.

    The bad thing is that there see to be a LOT of interference
    in my house with wireless systems. I had tried two different
    2.4 GHz cordless phones before I gave up and switched
    back to a 900 MHz. Our baby monitor will chirp and hiss
    occasionally as well. Also, my Nextel phone gets REALLY
    spotty connections. Someplaces its great, walk two feet
    and the connection drops to zero. Odd. Makes me think
    that I better try to setup a wired network in my house rather
    than a wireless when I get around to do that.

    Chris





  3. #3
    John Eckart
    Guest

    Re: Bayonne, Nextel to start talks on antenna law

    "All the News" <[email protected]> wrote in message =
    news:[email protected]
    >=20
    > "The Magnificent Bastard" <[email protected]astard.gov> wrote in message
    > news:[email protected]
    > >
    > > Bayonne, Nextel to start talks on antenna law
    > > Mediator will try to forge agreement on appropriate sites
    > >
    > > By Michaelangelo Conte
    > > Jersey Journal Staff Writer
    > > Tuesday, August 12, 2003
    > >
    > > Bayonne, New Jersey USA (Hudson County)

    >=20
    > On a somewhat related, but not really note:
    >=20
    > Here in Grand Rapids, MI a lot of cell phone companys
    > are installing towers on the top of water towers. Makes
    > sense to me, the structure is already there in the skyline,
    > so might as well add the communication equip to it.
    >=20
    > An interesting side effect, for me personally this has
    > been both a good thing and a bad thing.
    >=20
    > The good thing is that I got a really nice brick wall in my
    > backyard now instead of a chain link fence. See, we live
    > right next to a water tower. When a cell company (in this
    > case Nextel interstingly enough) wants to add atennea to
    > a tower, they also need to add lots of electrical equipment
    > on the ground. The city has started mandating that when
    > they do this, they need to build a wall around these areas
    > so that the area doesn't become an eye sore for the residential
    > areas. End result: I get a great looking wall for a stretch of
    > my backyard. Looks wonderingful and I get more privacy.


    Interesting.

    > The bad thing is that there see to be a LOT of interference
    > in my house with wireless systems. I had tried two different
    > 2.4 GHz cordless phones before I gave up and switched
    > back to a 900 MHz. Our baby monitor will chirp and hiss
    > occasionally as well. Also, my Nextel phone gets REALLY
    > spotty connections. Someplaces its great, walk two feet
    > and the connection drops to zero. Odd. Makes me think
    > that I better try to setup a wired network in my house rather
    > than a wireless when I get around to do that.


    What does that have to do with cell towers?



  4. #4
    All the News
    Guest

    Re: Bayonne, Nextel to start talks on antenna law

    >> The bad thing is that there see to be a LOT of interference
    >> in my house with wireless systems. I had tried two different
    >> 2.4 GHz cordless phones before I gave up and switched
    >> back to a 900 MHz. Our baby monitor will chirp and hiss
    >> occasionally as well. Also, my Nextel phone gets REALLY
    >> spotty connections. Someplaces its great, walk two feet
    >> and the connection drops to zero. Odd. Makes me think
    >> that I better try to setup a wired network in my house rather
    >> than a wireless when I get around to do that.


    > What does that have to do with cell towers?


    Well, it's pure speculation on my part, but I fear that due
    to the close proximity of my house to the source of the
    signals from the towers, they may interfere with the
    signals from a wireless network.

    I know that technically speaking everything should be in
    their own discreate band width and shouldn't interfere,
    but I don't know how else to explain that two different
    2.4 Ghz (from two different manufatures) received constant
    interference in my house.

    Chris





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