Tuesday, April 2, 2013

No Contract Towers May be Less than 30-Days Away for Some DeKalb County Schools

The FCC's 30-day Shot Clock  May Have Been Triggered in  DeKalb County
for 9 schools.  Concerned residents are urged to file an appeal with their local zoning
review board as soon as possible and contact Get the Cell Out - ATL for more information,
sayno2celltowers@yahoo.com.

NEXT STEPS!  GET READY TO APPEAL TO YOUR COUNTY COMMISSIONERS!

1.  If the reports we are receiving from GTCO-ATL followers are accurate then that means the acceptance of the funds by our DeKalb cell tower schools (as paid  out by the school board, presumably) would likely be a trigger for the FCC "Thirty Day Shot Clock."  Therefore, if you live near or send your children to any of the remaining schools (see list below), we suggest that you start calling the DeKalb County Planning Department or Zoning Division to inquire about whether or not an application has been submitted for a "wireless transmission station" or "cellular communications tower"to be  allowed a Special Land Use Permit at the address provided on your school's cell tower contract with T-mobile. 

IMPORTANT:  
YOUR APPEAL PAPERWORK MUST BE FILED 
BEFORE THE END OF THIS MONTH!  

2.  If so, then you need to ask for a copy of the application.  If you would like, you can send a copy to us and we can help you review it for any inaccuracies or missing information.  We will also be able to speak with you in more detail about the options for your particular cell tower location.

Note:  we are a volunteer citizens' informal group.  We are unable to provide legal advice and would never suggest that you take our advice over that of an attorney in the area of land use, permitting or contracts.  If you need help finding an attorney, we have interviewed several and can assist you in trying to contact them to assist you and / or your community.  If you are interested in trying to form a group of citizens who might be able to work together and pool their funds in order to fight the cell towers as a block, we may also be able to help get you in touch with the right people.  Write to us at:  sayno2celltowers@yahoo.com.




3.  Determine when there will be a Board of Appeals hearing regarding the placement of the tower in your area.  Secure a spot on the Speaker's List so that your concerns may be heard.

4.  Prepare your speech carefully and determine if you need to have other residents,  parents or "experts" to testify at the hearing on your side as well.  Present your argument based on what you know are valid reasons for a cell tower denial.  Remember, health may be a concern, but the commissioners can not deny a permit solely for a health reason.  Provide documentation to back up your side.  Bring several copies, at least 10, so that every commissioner can have a copy .

5.  Wait for a decision to be made by the county commissioners. If it is favorable, you've won!  Please share your good news by writing us a brief summary of your experience and share any tips you have that might help the other school communities.  Congratulations!  If it is not favorable, and you have not yet hired an attorney, you will need to do so as quickly as possible so that you can file an appeal of the decision and put a temporary hold on any construction at the location until the matter has been decided by a judge.

For more information, read the FCC Telecommunications Act of 1996 for details about exactly what your local zoning authority can and cannot do.  Bring copies of this Act in case you need to point out to them the areas that guarantee their rights of local control.


If you cannot locate a Special Land Use Permit application, you can ask if anyone has applied for a cell tower with a Special Administrative Permit, like the one below:

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