Wednesday, October 16, 2013

Michael Thurmond Gives Up the Interim, Signs Sweet Deal in DeKalb

osted by  (Editor) , 

The DeKalb Schools district will continue on with Michael Thurmond as its head chief after the DeKalb Board of Education members voted unanimously Monday to extend Thurmond's contract.

This means Thurmond drops the 'interim' from his title and will remain as the district's superintendent.

His initial contract was set to expire on Feb. 8, 2014, but has been extended to June 30, 2015. He will continue to receive his $275,000 salary.

Thurmond, a former Labor Commissioner,  was selected by a 7-2 vote in February 2013 to serve as interim superintendent as the temporary replacement of Cheryl Atkinson, who has resigned after 16 months on the job.

Thurmond said the extension will be his last, however.

Saturday, October 12, 2013

What Does Hall County's Cell Towers Have to Do With DeKalb?

FOX 5 News Wants to Know What WE Think About Cell Towers at Schools in Hall County? Well, We Responded.  Now, Let's See What They Do with What Was Said!

A quick search of the Internet turned up a few stories on a cell tower planned for Hall County, possibly on the grounds of their high school.   The stories below are what we found, but one mentions Verizon, the other says ATT.  But, what we cannot figure out is why FOX 5 Atlanta reporter (for Good Day Atlanta) Tacoma Perry contacted Get the Cell Out - ATL for a comment on this story.  GTCO-ATL asked if she was interested in learning if we knew people in the Gainesville, GA, area who were opposed to this particular tower and she said that was not necessary.  She had most of the story completed, but needed someone to speak about the "other" point of view.  That sounded a bit odd to us because every story we have been involved with has been about the opposition to the cell towers and therefore the tower companies or wireless providers would be considered the "other" point of view.  

FOX 5 Reporter Tacoma Perry
But, we did not want to turn down an opportunity to further educate the public on the serious concerns many people have about placing cell towers near schools.  In fact, we told her, the American Academy of Pediatrics just recently published a letter they wrote to the FCC which asked for tougher regulations regarding the federal guidelines for cell phone emissions, also known as RF (radio frequency) radiation, because of their medical concern for the youngest and most vulnerable in our population - the children.  

The 1996 FCC Telecommunications Act is based around outdated standards that use a large adult male's frame and body size as the standard and does not take into account what can happen to a child who is using an electronic RF emitting device like a phone or tablet computer.  And none of the FCC's standards address the effects of continual long term exposure to low level of RF, like what a child would be subjected to if he or she had to attend school near a cell tower.   

So, we cautiously accepted the request for an on-camera interview and told the reporter that we knew several people in DeKalb County who are very involved in the fight to prevent cell towers from going up at our schools and have been successful with holding off or possibly even preventing any construction at the sites approved by the former school board two years ago.

We asked if she could interview several people and we were told that it would depend on the time constraints, but she only needed one good sound byte for the story.  Since we do not represent any communities specifically and have only been involved in this process in order to share our information and what we have learned, we contacted several people we know and helped set up a good day and time for one community to be featured in this news story.  

The community that was able to assemble and meet the reporter was prompt, gracious and very well informed on the issue.  We also let them know about our concerns over the actual angle of the story so that they would not be blindsided by any questions that might be about Hall County or requests for an opposing view to whatever might be considered a "positive" in the actual story being reported.  

We contacted Ms. Perry to let her know that there would be several people on hand for her interview.  Specifically, GTCO-ATL organizers declined to speak directly on camera because we do not seek attention from the media, solicit for donations for a particular cause, give legal advice or seek to speak for others who are perfectly capable of speaking for themselves.  The story is not about "us" - it is about all of us.  

The focus of any story on this subject should be those who are actually facing the consequences for the bad decisions being made and how they are standing up for themselves, working together against the very influential lobbyists for the telecom industry and making sure their elected officials are aware that they know and understand their own rights.  We are proud to be neighbors and friends with so many brave residents here and across the country who are willing to do what it takes to make sure our system of government does not fail us.  

Thank you to the residents who showed up last Thursday and to Tacoma Perry and Fox 5 News for giving us an opportunity to work with you and present the real concerns of residents in DeKalb to your viewers.  We may or may not have much in common with the folks in Hall County, but we will gladly share what we know and how it relates to our situation here and our original 12 schools that were originally intended for towers, 9 that were approved and, so far, zero permits approved by our outstanding county commissioners. 

We emailed Ms. Perry the letter from the American Academy of Pediatrics, the letter from our DeKalb County Commissioners stating their opposition to the cell towers at schools and the results of last year's referendum where voters overwhelmingly told their local delegation that they do not approve of the use of school grounds for these telecommunications towers.

Information is key to understanding.  We look forward to hopefully seeing our great DeKalb residents and the final version of this Hall County story sometime in the coming week on Good Day Atlanta. 

If they post it online, we will include a link or a copy on our website for the followers on this page as well.  Stay tuned!!

****************************
Hall Commissioner wants better cell tower notice
By Jerry Gunn Staff
 
GAINESVILLE - Hall County Commissioner Billy Powell said Thursday night he wants a lot more people to know about a proposed cell tower test coming up in his district.

Powell said Verizon Wireless plans to send up a balloon on Saturday, October 19th to indicate the tower’s proposed height and visibility.Verizon is required to contact property holders only within a 500 foot radius of the location off McEver Road near West Hall High School and Middle School on Allen Drive.

Powell said that’s not enough notice to enough people. He pointed to a green area showing on Verizon’s application map and said 500 feet is not very far at all.

“When you look at the residents in that green area that area is a mile and a half distance," Powell said. “You can see that West Hall High School and West Hall Middle School sits right in front of the location for this. There happen to be 2,344 parcels that we would have to contact if we contacted everybody within that one and a half mile radius.”

Powell said the test notice is on the county’s web site, (hallcounty.org ), and anyone with comments is advised to email Powell or Public Information Officer Katie Crumley.

The story is titled ‘Verizon Wireless Balloon Test set for October 19th’. The item also includes a map of the affected land parcels.

**********************

Hall school board approves cell tower at Flowery Branch High

Board OKs tax-anticipation loan of up to $9.5 million


An approximately 90-foot cell tower will soon be placed at Flowery Branch High School. The Hall County Board of Education approved the proposal from AT&T at the Monday meeting. “It’s not (in) an area that we can use in the future,” said Damon Gibbs, executive director of facilities. The land for the cell tower is near the school’s side entrance of Elizabeth Lane, by the detention pond. It’s the farthest point from the school building

Monday, October 7, 2013

FOX: Arrests in string of cell phone robberies at high school

Posted: Oct 02, 2013 12:55 PM EDT
Updated: Oct 02, 2013 2:30 PM EDT
By MYFOXATLANTA STAFF
For more, click here:  http://www.myfoxatlanta.com/story/23590980/arrests-in-string-of-cell-phone-robberies-at-high-school

Shiloh High School in Snellville

SNELLVILLE, Ga. -
Two juveniles are in custody after a string of cell phone robberies at Shiloh High School in Snellville on Tuesday afternoon.

Principal Eric Parker released a letter to parents Tuesday reporting the thefts. The letter stated that the three students were waiting for their parents to pick them up when the robberies happen. One reported to the school resource officer that a knife was used.

School officials say they arrested two boys for Tuesday's robberies. They are not identifying the pair due to their age, but did say one of the boys is a student at Shiloh High School. Charges for both are pending.

No one was injured during the robberies.  Police say the investigation into the incidents continues.

No More Tricks? Trial of Former School Superintendent Begins Oct. 28

750 jurors summoned for racketeering trial of former DeKalb School superintendent and others

BY RHONDA COOK - THE ATLANTA JOURNAL-CONSTITUTION
Around 750 summonses have been sent in hopes of finding 12 jurors and four alternates to hear the upcoming racketeering trial of former DeKalb County School Superintendent Crawford Lewis, the district’s one-time chief operating officer Pat Reid and her ex-husband Tony Pope.
On Friday, DeKalb Superior Court Judge Cynthia Becker repeatedly pointed out to the prosecuting and defense attorneys that the case will be crowded, complicated and time-consuming so they need to work out any possible issues now.
750 jurors summoned for racketeering trial of former DeKalb School superintendent and others photo

Former Dekalb County Schools COO Pat Reid was in court Friday with ex-husband Tony Pope for pre-trial motions.
It will be a long trial, possibly a month or more after it starts with jury selection on Oct. 28.
“I don’t want to derail this. We've sent out a boatload of jury summons,” Becker said.
The three were indicted in 2010. They were re-indicted in 2012. Then a third version of the indictment was returned July 18.
The Atlanta Journal-Constitution (AJC) published almost 20 stories more until the three were indicted in May 2010.  The AJC has continued to track the case as the indictment went through three different versions, the key investigator and the two prosecutors resigned and it has moved toward trial 3 1/2 years later.  The judge still has some pretrial motions to decide and then the first of 750 prospective jurors will report on Oct. 28 for the start of the trial.

School Board Meeting on Live Today Oct. 7

DEKALB BOARD OF EDUCATION 

7:00 PM Business Meeting: (UPDATED Oct 6, 4:20 pm)
To watch the DeKalb County School Board meeting live, click the link below then
click on "Live Now" from the page:  http://www.dekalb.k12.ga.us/pds-tv24

C. CONSENT AGENDA

1. Approval of Minutes
Presented by: Mr. Michael L. Thurmond, Interim Superintendent

2. Approval of Monthly Financial Report
Presented by: Dr. Michael J. Bell, Chief Financial Officer, Division of Finance

3. Approval of the Human Resources Monthly Report
Presented by: Dr. Tekshia M. Ward-Smith, Chief Human Resources Officer, Division of
Human Resources

4. International Teacher Services Agreement
Presented By: Dr. Tekshia Ward-Smith, Chief Human Resources Officer, Division of
Human Resources

5. Career and Technical Education Catalog Discount Bid Extensions FY 2013-14
Presented by: Dr. Kathleen S. Howe, Deputy Superintendent, Division of Curriculum
& Instruction

6. Instructional Resources for Development and Delivery of CCGPS Curriculum and
Units of Study
Presented by: Dr. Kathleen S. Howe, Deputy Superintendent, Division of Curriculum
& Instruction

7. Purchase of Professional and Technical Services to support Teacher Content Development and Improve Student Learning in K-12 Mathematics
Presented by: Dr. Kathleen S. Howe, Deputy Superintendent, Division of Curriculum
& and Instruction

8. Purchase of Explore Learning: Online Supplemental Resource to Improve Student
Learning in Math and Science
Presented by: Dr. Kathleen S. Howe, Deputy Superintendent, Division of Curriculum
& Instruction

9. 2013 – 2014 STEM Implementation Initiative
Presented by: Dr. Kathleen S. Howe, Deputy Superintendent, Division of Curriculum
& Instruction

10. Approve Amendments for the Contracts of (3) Conversion Charter Schools: Chesnut Charter Elementary, Smoke Rise Charter Elementary, and Chamblee Charter High
Presented by: Dr. Alice A. Thompson, Interim Deputy Superintendent, Division of
School Leadership & Operational Support

11. CrossPointe Software Annual Maintenance
Presented by: Mr. Gary L. Brantley, Chief Information Officer, Division of Information
Technology

12. Renewal of Discovery Education License for All Elementary
Presented by: Mr. Gary L. Brantley, Chief Information Officer, Division of Information
Technology

13. PATS/Human Resources Portal Annual Maintenance Renewal
Presented by: Mr. Gary L. Brantley, Chief Information Officer, Division of Information
Technology

14. Student Information System Solution RFP 14-11
Presented by: Mr. Gary L. Brantley, Chief Information Officer, Division of Information
Technology

15. Renewal of Workers Compensation Administration Program
Presented by: Mr. Ronald B. Ramsey, Chief Legal Officer, Division of Legal Affairs

16. Approval of Student Catastrophic Insurance Coverage
Presented by: Mr. Ronald B. Ramsey, Chief Legal Officer, Division of Legal Affairs

17. SPLOST PROJECTS

a. SPLOST III Project: Martin Luther King, Jr. High School Furniture, Fixtures and
Equipment (FF&E) Purchase
Presented by: Mr. Stephen M. Wilkins, Chief Operations Officer, Division of
Operations

b. SPLOST III Project: Southwest DeKalb High School Furniture, Fixtures and Equipment
(FF&E) Purchase
Presented by: Mr. Stephen M. Wilkins, Chief Operations Officer, Division of Operations

c. SPLOST III Project: Cedar Grove High School Renovations Contract Award
Presented by: Mr. Stephen M. Wilkins, Chief Operations Officer, Division of Operations

18. COMMUNITY PROJECT DONATIONS

a. Druid Hills Dugout Club Donation Approval
Presented by: Mr. Stephen M. Wilkins, Chief Operations Officer, Division of Operations

b. Laurel Ridge Elementary School Parent Teacher Association (PTA) Donation Approval
Presented by: Mr. Stephen M. Wilkins, Chief Operations Officer, Division of Operations

19. Extension of Contract with McKenna, Long & Aldridge, LLP for Installation of
Governance Evaluation & Accountability Systems
Presented by: Mr. Michael L. Thurmond, Interim Superintendent

D. ACTION ITEMS

1. Recovery of One Work Calendar Reduction Day for Professional Learning in Support of the Bridge Initiative
Presented by: Mr. Michael L. Thurmond, Interim Superintendent and
Dr. Tekshia Ward-Smith, Chief Human Resources Officer, Division of
Human Resources

2. Approval of Second Amendment to the Employment Contract Between Michael L. Thurmond and the DeKalb County Board of Education
Presented by: Dr. Melvin Johnson, Board Chair

3. Request to Waive Board Policy on Policy Adoption, Descriptor Code BDC
Presented by: Dr. Kathleen S. Howe, Deputy Superintendent, Division of Curriculum
& Instruction

4. Amendment to the Bylaws & Policies: Descriptor Code IHA – Grading Systems
Presented by: Dr. Kathleen S. Howe, Deputy Superintendent, Division of Curriculum
& Instruction

5. Amendment to the Bylaws & Policies: Descriptor Code EEE – Wellness Program
Presented by: Mr. Stephen M. Wilkins, Chief Operations Officer, Division of Operations

E. OTHER\BOARD COMMENTS (2 minutes each)

F. ANNOUNCEMENTS
1. Teachers Advisory Council Meeting, 2:00pm, Thursday, October 10, 2013,
Auditorium, Robert R. Freeman Administrative & Instructional Complex,
1701 Mountain Industrial Boulevard, Stone Mountain

2. DeKalb Council of PTAs Fall Meeting, 6:00pm, Thursday, October 10, 2013,
Auditorium, Robert R. Freeman Administrative & Instructional Complex,
1701 Mountain Industrial Boulevard, Stone Mountain

3. Mandatory Work Reduction (Furlough) Day for 10 & 11 month employees,
Monday, October 14, 2013 (Schools Closed\Administrative Offices Open)

4. District-wide Administrators Academy (Elluminate Session), 9:30am, Tuesday,
October 15, 2013, Auditorium, Robert R. Freeman Administrative & Instructional Complex,
1701 Mountain Industrial Boulevard, Stone Mountain

5. Emory-LaVista Parent Council Meeting, 8:45am, Wednesday, October 16, 2013,
Harthorne Elementary School, Hawthorne Elementary School, 2535 Caladium Drive, NE, Atlanta

6. South DeKalb Parent Council Event, 10:00am, Saturday, October 19, 2013,
Towers High School, 3919 Brookcrest Circle, Decatur

7. DeKalb Board of Education Work Session (2:00pm; Cabinet Room), Community Input Meeting (5:45pm), and Business Meeting (7:00pm), Monday, November 4, 2013,
J. David Williamson Board Room, Robert R. Freeman Administrative & Instructional Complex, 1701 Mountain Industrial Boulevard, Stone Mountain



Saturday, October 5, 2013

City of Roswell Wins in Court of Appeals: Denial of Cell Towers Upheld; Record Was Sufficient

City of Roswell does not allow telecommunications towers in residentially zoned areas.  Now, that decision has been upheld in court as being justifiable.  Citizen input was critical to city council decisions on denials.
In a case where Roswell's City Council denied T-mobile's request for a cell tower in a residential area, a potential problem arose when the denial letter was questioned by T-mobile in court.  A lower court sided with T-mobile stating that the letter did not outline the reasons behind the denial.  It had, instead, referred to the minutes of a hearing in which multiple reasons were discussed before a motion to deny was passed.  Recently, however, that decision was overturned and the City of Roswell was handed the victory against T-mobile.  There is nothing written in the Telecommunications Act of 1996 that says the denial letter by itself must be all inclusive.  Therefore, the reference to the minutes was sufficient.  You can read more about it in the court document and summary here:  http://www.ca11.uscourts.gov/opinions/ops/201212250.pdf.

The citizens' outpouring of objections obviously carried a lot of weight with the council members, so if you are still involved in fighting a cell tower near you, remember that there is strength in your numbers!  And, don't forget to line up experts on your side, the way T-mobile did in this case.  A battle of experts is better than having experts only on one side of the debate.  Good luck and keep us posted at sayno2celltowers@yahoo.com!

Thursday, September 26, 2013

Just What You Want From 911 - A Dispute Over Who Will Take Your Call


A recent news report about crimes in the Northlake area featured a resident who spoke about her belief that a city would be better prepared to police the community and keep her neighborhood safe. However, just today FOX News is reporting a mix-up at the 911 center that actually resulted from confusion over city vs. county boundaries. The more cities that are formed, the more frequent these types of mix-ups will become.

Take a look at this report about an argument that occurred between jurisdictions on a carjacking call that took place while the victim stood there, helpless.

Atlanta News, Weather, Traffic, and Sports | FOX 5


The nation's 911 emergency response system, built in 1967, was based on the expectation that calls for help would come from land-line telephones. Cell towers are not needed to support a communications system that is based upon land-line service.

Cell towers support cellular communications which is a for-profit industry, not a public utility or a public infrastructure requiring the aid of pubic funds. In fact, cell phones are actually problematic for 911 dispatchers and responders.

Cellphone users "almost assume that they are going to be located — and that's not a fair assumption," says Brian Fontes, CEO of the National Emergency Number Association (NENA), which focuses on 911 emergency communications.

Calls that originate from a land line can immediately tell dispatchers the address where the call is coming from and pinpoint the location on an overhead map without the person on the other end having to say a single word. Here is a story about a woman in Greater Atlanta who might have lived if she had called 911 from a land line instead of using her cell phone.


We wrote about this same issue back in May 2012. To read our post entitled, "Debunking the claim that we need more cell towers for 911 coverage," click here.

SACS: Recognizable Progress in DeKalb

dcsd logo
1701 Mountain Industrial Boulevard
Stone Mountain, GA  30083-1027
Phone: 678-676-1200
Communications: 404.486.3710

PRESS RELEASE   
July 5, 2013

SACS: Recognizable Progress in DeKalb


www.dekalb.k12.ga.us

Tuesday, September 24, 2013

Changes to the Zoning Code: Cause for Concern?

Andrew Baker, Director of Planning and Sustainability for DeKalb County,
discussed zoning code changes with a group of concerned residents on June 18.
 — DeKalb County planners are hoping they've cleared up confusion over where cell phone towers can be placed and eased community concerns about proposed changes to the DeKalb Zoning Code.
At a June 18 public information meeting hosted by commissioners at the Maloof Auditorium, Andrew Baker, the county’s director of Planning and Sustainability, said the debate can be frustrating.
He said the proposed changes to the code incorporate more public input.
“The whole idea that you can build a cell tower anywhere just by getting a permit is not a correct statement,” he said. “We now require a public hearing before cell towers are built. So we called this meeting to give people a better understanding of the code and to recommend changes on cell towers and many other issues.”
But some residents were still skeptical.
Louise Runyon, co-chair of Good Growth DeKalb, said the Medlock neighborhood-based group appreciates the chance for input but is not yet convinced it will lead to a better zoning code.
“A public hearing is different from having a code that says no commercial development in residential neighborhoods, including cell phone towers,” Runyon said. “We want a code that says no to any commercial development in our neighborhoods.”
Vincent Latimer, president of Cedar Grove Neighborhood Association, would like to see more upscale commercial development in the Bouldercrest area and stricter code enforcement on residential property owners and developers.
“We need more control on how far back houses should be from the street, the quality of building materials, the number of houses per lot, and the number of cars parked on driveways and lawns,” Latimer said. “To attract more business to South DeKalb, we have to keep it clean and make it the kind of neighborhood where business owners would want their employees to live.”
To address all concerns, DeKalb adopted a comprehensive zoning plan in 2007 that outlines a vision for controlled expansion to be achieved by the year 2025.
Baker told the meeting that the county has been using a 1999 zoning code to implement that plan.
“In order to fully implement the comprehensive plan’s vision, the county needs a more updated zoning code that is consistent with current trends of development,” he said.
He presented slides with excerpts from the proposed code, and planning workers placed charts around the auditorium illustrating the various development zones.
The Zoning Code Update has several goals:
*  Reduce traffic by creating mixed-use walkable communities.
*  Identify the best locations for new growth.
*  Promote redevelopment of underutilized retail centers.
*  Provide “predictability” by creating standards.
*  Protect single-family neighborhoods.
The proposed code also creates new standards for lots, streets, landscapes, open spaces and site improvements.
Baker said the proposed changes should make it easier for initiatives such as aging in place, mixed-use development, intergenerational activity centers, and neighborhood protection.
“The new code is user-friendly and includes graphic illustrations, useful tables and more concise regulatory standards,” he said.
It also encourages redevelopment and repurposing of existing commercial sites as an alternative to demolition, thus causing fewer disruptions to residential neighborhoods.

Runyon said the plan displayed on June 18 is an improvement over the one that Baker presented on May 28.
But she says it still needs tweaking on the issue of public input, a sensitive topic for her group that has been fighting the construction of a Walmart at Suburban Plaza.
Good Growth DeKalb is suing in DeKalb Superior Court to block the construction of a Walmart near the congested six-way intersection of North Decatur Road, Scott Boulevard and Medlock Road.
“There is strong evidence that excess power is given to the planning director and to staff that communities do not have the same appeal rights as developers and that public notice about new development and public hearings is insufficient,” Runyon said.
“What we need is clear, understandable language that spells out very specifically how the interests of neighborhoods will be improved upon in this new plan.”
Commissioners did not take a final vote on the Zoning Code Update at their June 25 meeting and deferred the matter until Aug. 27.  (They have still not voted and are expected to do so before the end of September.)
District 3 Commissioner Larry Johnson, who chairs the Planning and Economic Development Committee, said the code will likely go through more fine tuning and the public will get additional opportunities to offer suggestions this summer.
The draft plan is available at www.planningdekalb.net. Click on “Project Overview.”

Please leave respectful comments below:

Wednesday, September 18, 2013

Understanding the contracting chain when tower workers die


Understanding the contracting chain on cell tower jobs can be complicated, but crucial when workers die.

William “Bubba” Cotton, 43, was the first of 11 cell site workers who died on ATT projects from 2006 through 2008, years when the carrier merged its network with Cingular and ramped up its 3G network for the iPhone.

As ProPublica and FRONTLINE reported last month, tower climbing ranks among the most dangerous jobs in America, having a death rate roughly 10 times that of construction.

The project Cotton was on involved several layers of subcontractors, which is common in the tower industry. The accident was more unusual. Most of the 50 tower climbers killed on cell site jobs since 2003 have died in falls, but Cotton was crushed to death by an antenna.

A wrongful death lawsuit subsequently filed by Cotton’s survivors, as well as a personal injury suit filed by his cousin and co-worker, Charles “Randy” Wheeler, explored two questions at the heart of every tower fatality: Who controlled the tower site? And who was responsible for the safety of the subcontractors working on it?

Here’s a breakdown of what happened in the Cotton case:

The Project

An upgrade of a cell site in Talladega, Ala., replacing the antennas on a 400-foot tower. AT&T had designated the upgrade a top priority because of an upcoming NASCAR race, a company manager said in court testimony.

The Subcontractors

To handle the tower work, ATT (then known as Cingular) hired Nsoro, a large management firm (also known as a “turf vendor.”) Nsoro hired a subcontractor, WesTower Communications, a large North American tower company. WesTower subcontracted the on-site work to a Missouri-based tower company, ALT Inc.

ATT also directly hired Florida-based subcontractor Betacom Inc. to work on a concrete equipment shelter at the base of the tower.

The Accident

On Friday, March 10, 2006, around noon, the ALT crew, led by foreman Josh Cook, was lowering an antenna from the tower, while the Betacom crew, which included Cotton and Wheeler, worked inside the shelter.

As Cotton, Wheeler and two co-workers exited the shelter for lunch, the rope ALT was using snapped. The 50-pound antenna plummeted more than 200 feet to the ground, killing Cotton.

Two of Cotton’s co-workers ran off to the nearby woods and vomited. Wheeler cradled Cotton’s head with his t-shirt and prayed, waiting for emergency responders to arrive.

The Investigation

The Occupational Safety and Health Administration, which regulates worker safety, opened investigations into ALT and Betacom after Cotton died. The agency did not open investigations into any of the other companies in the contracting chain, even though Cook told an OSHA inspector that he had felt unsafe working above other contractors on site and had asked for a deadline extension so that he would not have to do so. (In an interview in March with ProPublica and FRONTLINE, Cook said he was not concerned about Betacom workers on the day of the accident because they were working inside the concrete shelter and not out in the open.)ALT was cited for failing to inspect and remove the rope that snapped and fined $2,000. Betacom was cited for failing to ensure that workers on the ground crew wore hard hats and fined $4,900. OSHA sent letters to both companies saying it was dangerous for tower crews to work above other crews, and that even though regulations did not forbid it, they should avoid such situations.


Damon Depew, a project manager working for ATT agreed with Cook and later gave sworn testimony that he had asked Terry Newberry, then an ATT implementation manager, for more time. Depew said Newberry denied the request. Newberry testified that he did not recall the conversation.

According to a sworn deposition, an AT&T safety manager initiated an internal investigation after the accident, but stopped “once he found out that it wasn’t an (sic) Cingular employee” that had died.

The Litigation

Cotton’s two daughters, both minors, filed a wrongful death lawsuit in Talladega County Circuit Court in March 2006 against AT&T and Betacom. They later amended the suit to include ALT, WesTower and the owner of the tower, Crown Castle, as defendants. The case was subsequently moved to U.S. District Court of Alabama.

Wheeler, who claimed he suffered a back injury diving to avoid the falling antenna, filed a personal injury lawsuit against ATT, ALT, WesTower and Crown Castle in U.S. District Court of Alabama in October 2006.

Lawyers for the Cotton family and Wheeler argued that all of the defendants should share some responsibility for the accident. As the operator of the cell site, they said, ATT had a legal duty to ensure the workplace was safe that day, they claimed.

The plaintiffs also argued that ATT had created a work environment where “time and money took precedence over safety” and had repeatedly pressured subcontractors to meet an “unreasonably dangerous schedule.” Further, the plaintiffs alleged, the carrier had insisted that the tower crew replace antennas at the same time that it should have known Cotton and Wheeler were working on the ground. ATT employees had regularly visited the site but had failed to establish any coordination procedure to prevent the two subcontractors from endangering each other, lawyers for the plaintiffs said.

ATT argued that it should be dismissed as a defendant from both cases and said it had no duty to Cotton or Wheeler, who were independent contractors, not employees.

Though ATT acknowledged it had set the project’s specifications and deadlines, it said it had not controlled how contractors performed their work — specifically, it did not tell ALT how to lower the antenna and did not tell Betacom when to break for lunch. ATT also argued that Betacom’s work on the day of the accident was not inherently dangerous and “if Cotton or Wheeler had taken the slightest care in the performance of their duties, they would have been able to cross the tower premises safely.”

The carrier also claimed that the multi-employer doctrine, an OSHA policy that extends liability to companies who supervise subcontractors at a job site, had been abandoned by the agency and was never recognized in the Eleventh Circuit, the jurisdiction where this case was being heard.

The Outcome

In August 2008, ATT entered into a confidential settlement with the Cotton family without admitting wrongdoing. ATT’s “potential exposure in this wrongful death case is significantly higher” than the amount of the settlement, the judge noted in approving the deal.

A judge dismissed ATT as a defendant in the Wheeler case in October 2008, concluding Wheeler had not proved that AT&T controlled the subcontractors’ work on the day of the accident or that the carrier knew ALT’s crew would be working over Betacom’s that day.

After Wheeler appealed, ATT filed a notice of intent to seek costs from him, estimating it had spent more than $14,000 on the case. In February 2009, Wheeler dropped his appeal and ATT dropped its claim for reimbursement.

ALT settled with Cotton’s children and Wheeler in November 2008 for undisclosed amounts. Betacom agreed to pay workers’ compensation in the Cotton case, splitting the payments between Cotton’s daughters. WesTower and Crown Castle were dismissed as defendants in both cases.

AT&T declined to comment on the Cotton case, referring ProPublica and FRONTLINE to a written statement it provided about issues related to tower work. So far, Nsoro, WesTower, ALT and Betacom have not responded to requests for comment related to this story.

Mapping the Contracting Chain

The ATT cell tower job in which William Cotton died involved several layers of subcontractors. This chart shows which companies in the contracting chain were investigated by OSHA and the results of litigation by Cotton’s family and his co-worker, Charles Wheeler.



Photo: The tower site in Alabama where William "Bubba" Cotton was killed.


article in full:  http://www.pbs.org/wgbh/pages/frontline/social-issues/cell-tower-deaths/anatomy-of-a-cell-tower-death/

Monday, September 16, 2013

American Academy of Pediatrics Demands FCC Protect Children from Cell Phone & Wireless Radiation

Letter from the American Academy of Pediatrics to the 

FCC Regarding Radiofrequency Electromagnetic Radiation Standards


The American Academy of Pediatrics submitted the following letter to the Federal 
Communications Commission (FCC). 

The letter urges the FCC to adopt radiation standards that:

1.)  protect children's health and well-being from radiation emitted by cell phones and other 
wireless devices; 2.)  reflect how people actually use their cell phones; and 
3.)  provide sufficient information to enable consumers to make informed purchasing decisions.


The letter is also  available on the FCC's web site at http://bit.ly/17tQclg.

August 29, 2013 

The Honorable Mignon L. Clyburn
Acting Commissioner 
Federal Communications Commission 
445 12th Street SW 
Washington, DC 20054

The Honorable Dr. Margaret A. Hamburg
Commissioner 
U.S. Food and Drug Administration 
10903 New Hampshire Avenue 
Silver Spring, MD 20993
  
Dear Acting Chairwoman Clyburn and Commissioner Hamburg:

The American Academy of Pediatrics (AAP), a non-profit professional organization of 
60,000 primary care pediatricians, pediatric medical subspecialists, and pediatric surgical 
specialists dedicated to the health, safety and well-being of infants, children, adolescents, 
and young adults appreciates this opportunity to comment on the Proposed Rule 
“Reassessment of Exposure to Radiofrequency Electromagnetic Fields Limits and Policies” 
published in the Federal Register on June 4, 2013. 
 
In the past few years, a number of American and international health and scientific bodies 
have contributed to the debate over cell phone radiation and its possible link to cancer. The
International Agency for Research on Cancer (IARC), part of the United Nations’ 
World Health Organization, said in June 2011 that a family of frequencies that includes 
mobile-phone emissions is “possibly carcinogenic to humans.”  The National Cancer 
Institute has stated that although studies have not demonstrated that RF energy from 
cell phones definitively causes cancer, more research is needed because cell phone technology 
and cell phone use are changing rapidly. These studies and others clearly demonstrate the 
need for further research into this area and highlight the importance of reassessing current 
policy to determine if it is adequately protective of human health. 

As radiation standards are reassessed, the AAP urges the FCC to adopt radiation standards 

that:  

Protect children’s health and well-being. Children are not little adults and are 

disproportionately impacted by all environmental exposures, including cell phone radiation. 
Current FCC standards do not account for the unique vulnerability and use patterns specific 
to pregnant women and children. It is essential that any new standard for cell phones or other 
wireless devices be based on protecting the youngest and most vulnerable populations to 
ensure they are safeguarded throughout their lifetimes. 

Reflect current use patterns. The FCC has not assessed the standard for cell phone 
radiation since 1996. Approximately 44 million people had mobile phones when the standard 
was set; today, there are more than 300 million mobile phones in use in the United States. 
While the prevalence of wireless phones and other devices has skyrocketed, the behaviors 
around cell phone uses have changed as well. The number of mobile phone calls per day, the 
length of each call, and the amount of time people use mobile phones has increased, while cell 
phone and wireless technology has undergone substantial changes. Many children, adolescents
and young adults, now use cell phones as their only phone line and they begin using wireless 
phones at much younger ages. Pregnant women may carry their phones for many hours per 
day in a pocket that keeps the phone close to their uterus. Children born today will experience 
a longer period of exposure to radio-frequency fields from cellular phone use than will adults, 
because they start using cellular phones at earlier ages and will have longer lifetime exposures. 
FCC regulations should reflect how people are using their phones today. 

Provide meaningful consumer disclosure. The FCC has noted that it does not provide 
consumers with sufficient information about the RF exposure profile of individual phones to 
allow consumers to make informed purchasing decisions. The current metric of RF exposure 
available to consumers, the Specific Absorption Rate, is not an accurate predictor of actual 
exposure. AAP is supportive of FCC developing standards that provide consumers with the 
information they need to make informed choices in selecting mobile phone purchases, and to 
help parents to better understand any potential risks for their children. To that end, we 
support the use of metrics that are specific to the exposure children will experience. 

The AAP supports the reassessment of radiation standards for cell phones and other wireless 
products and the adoption of standards that are protective of children and reflect current 
use patterns. If you have questions, please contact Clara Filice in the AAP’s Washington 
Office at 202/347-8600.

Sincerely, 


Thomas K. McInerny, MD FAAP
President

How to Lobby a Legislator

HB 563: Drenner and Hensen Try Again

There is a new bill, HB 563, on the table for the next legislative session of the Georgia House of Representatives that would do what a previous bill did not:  ban cell towers from public school grounds in DeKalb County.  So far, only two state representatives, Drenner and Hensen, have signed on to it, however.  In order for the bill to get anywhere, it will need Republican backing.

Perhaps Mike Jacobs or Tom Taylor would be willing to co-sponsor the bill in order to help DeKalb residents in their ongoing efforts to protect their children and schools from the unwanted intrusion by the telecommunications industry onto public grounds this way.   Here is the text from HB 563.  If you support this effort, please email your representative at the state.  Find your representatives here: http://www.sos.ga.gov/elections/




Sunday, September 15, 2013

T-Mobile Wants to Run the City of Tucker


Get this .... So, it may not too surprising, but still leaves us flabbergasted as to the extremes T-mobile will go to get their way... just learned that at least one person on the board for Tucker 2014, the city advocacy group that appeared out of nowhere and raised $30K cash without holding any major fundraisers, also works for T-mobile. Shocker.

Here is a link to his profile in the group Tucker 2014:  http://tucker2014.com/bio  (Look for Tres Scott).

Here is a link to his LinkedIn Profile:  http://www.linkedin.com/pub/tres-scott/4/814/ab9  In case it is taken down, here is what it says about him:

Tres Scott's Experience


Manager, IT Revenue Validation

T-mobile

Public Company; 10,001+ employees; DT; Telecommunications industry
October 2005 – Present (8 years)


But, wait, there's more ... his wife was a part of our "Save Tucker!" group as she pretended to be on the fence about cityhood so she could report back to the city group about what we were doing an saying in our closed FB group.

As for the other members of their board - 2 of the 3 live on the same street as the T-mobile person. The third is a Libertarian (likes big business) who kicked one of our members off his Yahoo Discussion group for asking if anyone knew of an attorney in the area who could help stop T-mobile from putting cell towers at our public schools.

Zoning hearing tomorrow at the county level at 6:30 p.m. We're hoping to convince them that current zoning regulations are fine and do not need to be changed. Then, we'll have to focus on educating everyone all over again because the "city" that T-mobile wants to build is focused on three things: ZONING, PARKS, PUBLIC SAFETY.

In other words, cell towers on every block and everyone else gets a pink slip and higher taxes to pay for the spy cameras at every traffic light. Soon after they take office they will advocate for online education... you heard it here first. (Well, unless you live elsewhere, then you have already been down this path before.)

For more, please follow us on Facebook.  www.facebook.com/Get.the.Cell.Out.ATL