Court Removes Town Contol

Of Tower Sites

DANBURY (AP) — A federal judge’s ruling has taken away power from Connecticut towns to decide where cellular phone towers can be built.

The recent ruling would have the state’s Siting Council pass judgment on applications for digital cell phone towers.

“We have carefully crafted regulations that work within the law to prevent the proliferation of cell towers,” Danbury Mayor Gene Eriquez said Tuesday. “We need more control over the location of such equipment, not less.”

Many towns and cities have come up with regulations to control where the towers are put up, but the federal court ruling threatens to render those regulations worthless.

“We are unhappy with the decision,” Gian-Carl Casa, director of legislative services for the Connecticut Conference of Municipalities, said. “It is disappointing that a federal judge would take those decisions away for municipalities.”

Before the ruling, town land-use boards reviewed applications for digital cell towers known as PCS towers and had some say as to where a tower could go. The Siting Council reviewed only cell towers that used older analog technology.

However, a federal judge in Hartford ruled that Sprint PCS, which filed the lawsuit questioning the state statute, fit the state’s definition of a “cellular system.”

By state law, the Siting Council has jurisdiction over such systems. Council Executive Director Joel Rinebold said the court decision puts the council in charge of all digital tower applications.

Attorney General Richard Blumenthal said he is considering appealing the court decision.