Thursday, March 15, 2018

Come to the Hearing in Annapolis on March 20, 2018 To Halt The State Streamlining Bills

WE NEED YOU To Come to the Hearing in Annapolis in the MD Finance Committee: 1 p.m March 20, 2018, for Senate Bill 1188 to testify on this Bill.

Two Bills HB 1767 and SB 1188 are in the Maryland Assembly and we must halt them! 

The MD Bills: These Bills represent  a coordinated, national effort by the telecommunications industry to prevent public input and bypass local zoning regulations over the installation of 5G small cell equipment and poles in the public right of way.

Senate Bill 1188 is sponsored by Senator Thomas “Mac” Middleton, Chair of the Finance Committee. Its House companion, House Bill 1767, is sponsored by Delegate Dereck Davis, Chair of the Economic Matters Committee.   

THE LEGISLATION
  • Supersedes local government  ordinances and regulations.
  • Allows for the installation of poles up to 50 feet in height and equipment boxes up to 28 cubic feet throughout neighborhoods, including residential neighborhoods.
  • Caps rates restricting what municipalities can charge.
  • Disregards health risks from radiation.

These bills are based on “model legislation” that AT&T and Verizon created with ALEC, the American Legislative Exchange Council.
The Maryland Municipal League representing 157 municipal governments in the State of Maryland is opposed to these Bills. The Montgomery County Civic Federation is opposed to these bills.

In California when a similar Bill was proposed, organizations wrote letters in strong opposition such as the  American Association of Retired Persons (AARP), the Alliance of Nurses for Health Environments, the Sierra Club, Frank Clegg, former President of Microsoft, Canada, the Greenlining Institute and the American Planning Association.  
WHAT CAN YOU DO?
Sign the petition.
Contact elected officials today! Call and email them here
Come to the Hearing in the MD Finance Committee: 1 p.m March 20, 2018, for Senate Bill 1188.  

LEARN MORE
Maryland Coalition Website: Sign up to stay updates with the Maryland Coalition fighting this Bills.
What Is 5G  Website about the health, privacy and safety risks posed by 5G
Physicians for Safe Technology: Doctors on health risks.
Environmental Health Trust: Scientific think tank tracking Bills nationwide.
Telecom Powergrab: New York State Coalition fighting the same bills.

Hearing in the MD Finance Committee: 1 p.m March 20, 2018, for Senate Bill 1188.  
Senate Bill 1188 is sponsored by Senator Thomas “Mac” Middleton, Chair of the Finance Committee. Its House companion, House Bill 1767, is sponsored by Delegate Dereck Davis, Chair of the Economic Matters Committee.   

“There is a substantial body of evidence that this technology is harmful to humans and the environment. The 5G millimeter wave is known to heat the eyes, skin and testes... Of particular concern are the most vulnerable among us — the unborn, children, the infirm, the elderly and the disabled. It is also expected that populations of bees and birds will drastically decline.” -- by Dr. Lennart Hardell, 2017

Tuesday, March 13, 2018

Wednesday, March 7, 2018

Sign Our Petition To OPPOSE Maryland Bills SB1188 & HB1767

We Want to Keep Local Zoning Rights, Public Notice, and Public Hearings!
Please vote NO on SB 1188 and HB 1767 - Wireless Facilities - Permitting and Siting
SIGN THE PETITION
and please share this petition in your community!
https://actionnetwork.org/petitions/protect-citizens-interests-oppose-sb-1188-hb-1767

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Tuesday, March 6, 2018

City of Gaithersburg Opposes Wireless "Streamlining" Bill

Public Hearing on Wireless Facilities Bill Eliminating Public Input and Superseding Local Government Rights to be held March 20 in Annapolis

A public hearing will be held on Tuesday, March 20, 2018, for Senate Bill 1188. As written, the bill represents a coordinated, national effort by the telecommunications industry to prevent public input and limit local government authority over the installation of small cell equipment and poles in the public right of way. Public testimony will be heard by the Finance Committee starting at 1 p.m. in the Miller Senate Office Building at 11 Bladen Street in Annapolis.
Small cell wireless antennas and equipment are used by the telecommunications industry to increase network coverage and capacity. While the City of Gaithersburg recognizes that enhancements are necessary as our society becomes more and more reliant on electronic devices, it is critically important that City residents and local government officials play an integral part in making decisions about the location and design of these small cell facilities.
The City of Gaithersburg strongly opposes this legislation and is working to protect its resident’s voices regarding installation decisions to ensure that they work for the community, protect our neighborhoods and allow local government oversight. If passed, this Bill would allow for the installation of poles up to 50 feet in height and equipment boxes up to 28 cubic feet throughout the City, including residential neighborhoods.
The City urges residents to contact committee members to express opposition. A letter template is provided here. Senate Bill 1188 is sponsored by Senator Thomas “Mac” Middleton, Chair of the Finance Committee. Its House companion, House Bill 1767, is sponsored by Delegate Dereck Davis, Chair of the Economic Matters Committee. Residents are also encouraged to contact District 17 Senator Cheryl Kagan and Delegates Kumar BarveJames Gilchrist and Andrew Platt.
In its deliberations on the issue of small cell facilities, Gaithersburg has been seeking to balance advances in technology and federal regulations with the municipal needs, neighborhood integrity and concerns of City residents.
After a series of public meetings and its own public hearings, the Gaithersburg Mayor and City Council adopted ordinance and regulation amendments related to small cell facilities in December 2017. The amendments better define how telecommunications facilities can be installed in rights of way, clarify the zoning and installation requirements, and create special rules allowing staff approvals for certain installations that have limited impact. State legislation as proposed by Senate Bill 1188 would supersede these ordinances and regulations.
For more information please contact Legislative Affairs Manager Monica Marquina at 240-805-1090, monica.marquina@gaithersburgmd.gov .

EPA Retiree Opposed to Cell Towers Near Homes

From Montgomery County where they are trying to force neighborhoods get mini cell towers. 

Montgomery County Coalition for the Control of Cell Towers Statement on SB1188 and HB1767 Pre-emption Bills

Montgomery County Coalition for the Control of Cell Towers is online at MC4T.org and is part of our State Coalition!

They represent literally thousands of Montgomery County Maryland Citizens. 


Check our their fantastic summary of the Bills! 



"MC4T is fighting for fair, transparent and accurate regulation of cell poles and cell towers to minimize adverse impacts to surrounding land uses, respect the harmony and aesthetic character of our communities, and protect the health and saftety of all residents. Join us!" 



STOP MARYLAND PRE-EMPTION 


of Local Control of Cell Poles

Using a parlimentary maneuver to mimimize public input and "expedite" legislation, two powerful committee Chairs (Senator Middleton in the Maryland Senate and  Del. Davis in the House of Delegates) quietly "cross-filed" bills (SB1188and HB1767 ) on February 21, 2018 - after the normal deadline for filing. 

If passed and signed into law by Governor Hogan, this legislation will strip away County and City government control of cell phone siting and regulation while foisting huge costs on Maryland localities.  

These bills will allow uncontrolled placement of oversized and intrusive cell poles and equipment cabinets on street lamps, utility poles and even stop signs inside residential neighborhoods in the public right of way. And, these bills will unfairly subsidize Big Wireless by imposing ridiculously low "caps" on local fees and taxes for cell pole installation and operation.  
These  pre-emption bills  are virtual clones of legislation promoted  in other states by the American Legislative Exchange Council (ALEC) and are a rip-off for all residents of Montgomery County and Maryland.  These bills must be stopped!

MC4T is working with coalition of other Maryland and national organizations that are strongly opposed to this power (pole) grab by Big Wireless.

These preemption bills have been referred for hearings to the Finance Committee in the Senate, and the Rules and Executive Nominations Committee  in the General Assembly.

Please call or email these members of Montgomery County's legislative delegation in Annapolis and let them know you are opposed to these bills:

  •   Sen. Brian Feldman  - Senate Finance Committe
  • ​  Del. Kumar Barve​ - Rules and Executive Nominations
  • ​  Del. Kathleen Dumais - Rules and Executive Nominations
  • ​  Del. William (Bill) Frick  - Rules and Executive Nominations
  • ​  Del. Sheila Hixson - Rules and Executive Nominations
  • ​  Del. Anne Kaiser - ​Rules and Executive Nominations
Here is how Melanie Wenger, Director of Montgomery County Office of Intergovernmental Relations summarized these bills in presentation before the County Council on February 26, 2018:

HB 1767 / SB 1188 - Wireless Facilities - Permitting and Siting (Delegate Davis; Senator Middleton)

This bill establishes rules governing access to public right-of-way for thepurpose of installing small wireless facilities (small cells and distributed antennae systems) and uniform rates and fees for permitting and deployment of small wireless facilities in the right-of-way and on local government owned infrastructure.

The bill is extensive (22 pages) and complex but was suitably summarized by the Office of the County Attorney as:
  • preempting local zoning law governing wireless facilities, 
  • allowing unfettered access to County right-of-way and County-owned facilities, 
  • severely restricting the County's ability to recover costs and collect fees from wireless companies, 
  • conflicting with the County's existing franchise agreements, and 
  • creating unfunded mandates by restricting cost recovery and limiting the County's authority to require wireless companies to indemnify their activities. 

Among other things, the bill:

(1) maximizes the number of poles in the right-of-way by not requiring colocation of antennas before new poles are pernitted, prohibiting denial based on lack of need and prohibiting a minimum distance between small cell facilities;
(2) requires a local government to process applications, including consolidated applications, without reimbursement for consulting or third party costs;
(3) limits the amount of surety bonds that can be required for an unlimited number of assets to $10,000; and,
(4) allows an unlimited number of antennas to be included in a consolidated application with reduced fees for consolidation, but no relief in timelines for approval. 

PUBLIC HEARINGS HAVE BEEN SCHEDULED BY THE SENATE FINANCE COMMITTEE FOR TUESDAY, MARCH 20, 2018 AT 1:00PM IN ANNAPOLis


More at MC4T.org 

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SB 1188 and HB 1767 Pre-empt Local Authority to Control Community Right of Ways.

 1 Minute video clip on what we can expect if these bills pass.
Excellent website on Telecom’s Power Grab.

SB 1188 and HB 1767 unpacked…by Whatis5G.org 

Except where the Bill(s) provides exclusions, it pre-empts local authority in the rights-of-way to regulate:
1) the attachment of antennas to government poles and the pole- or ground-mounting of related equipment, to be used as “small wireless facilities;”
2) the suspension of aerial lines between poles and attachment of antennas upon those lines and the pole- or ground-mounting of related equipment, also to be used as “small wireless facilities;” and
3) the installation of new poles in the rights-of-way, and the attachment of antennas and pole- or ground-mounting of related equipment, to be used as “small wireless facilities.”
Keep in mind, for the pre-empted category of public right-of-way, once installed, despite the “collocation” provisions in the Bill(s), each site becomes an opportunity for expansion under the Spectrum Act. That Act permits eligible facilities in a public right-of-way to be increased in height by 10 feet, increased in width by 6 feet (think antennas), and for the equipment to be expanded, too. If you want to see how the height extension could be accomplished on an existing pole, go to today’s Tower Committee agenda regular application, and look at the pipe extension. 

The Bill(s), except where exclusions are provided, pre-empts local authority outside the public rights-of-way to regulate:
1) the attachment of antennas to government poles and the pole- or ground-mounting of related equipment, to be used as “small wireless facilities;”
2) the attachment of antennas and related facilities to government poles to be used as “small wireless facilities;” 
3) the attachment of antennas and facilities to any property that the government owns or manages any “wireless support structure,” which “means a structure that is designed to support or be capable of supporting wireless facilities.”
 Keep in mind, for the pre-empted category of outside a public right-of-way, which includes all of this second category and perhaps some of the right-of-way category above, once installed, despite the “collocation” provisions in the Bill(s), each site becomes an opportunity for expansion under the Spectrum Act. That Act permits eligible facilities outside a public right-of-way to be increased in height by 20 feet, and to be expanded in width by 20 feet, and for cabinetry to be expanded, too.


Click HERE to Get Started, Sign Our Petition, Get Key Documents and Learn What YOU CAN DO Today!

This coalition of Maryland organizations and citizens was formed in order to address the problem of cell towers and cellular antennas being placed in our neighborhoods without public hearing and notice.

The Issue:

Two “small” cell wireless "streamlining" Bills have been cross-filed in the Maryland General Assembly. These bills will allow mini cell towers in front of our homes, remove public notice and public hearings, preempt our local zoning ordinaces AND cap the rates that governments can charge.
  • HB 1767, sponsored by Chair Dereck Davis, filed House Economic Matters Committee. 
  • SB 1188, sponsored by Chair Thomas Middleton, filed Senate Finance Committee. 
The Solution:
Stop these Bills!

*These bills are based on “model legislation” that AT&T and Verizon created with a group called ALEC, the American Legislative Exchange Council. 
Who is Taking Action?

The Maryland Municipal League is opposed to these Bills.
The Maryland Municipal League represents 157 municipal governments in the State of Maryland.
Citizens are organizing around the Maryland to halt these Bills. 
After all, do you want to come home and find a cell antenna in your front yard? If we don't stop these bills, that will happen to hundreds of Marylanders.

WHAT YOU CAN DO NOW.

The Petition: Sign and share our petition on your community list serve and with all your neighbors. https://actionnetwork.org/petitions/protect-citizens-interests-oppose-sb-1188-hb-1767

Contact Your Elected Officials: Emails are great but phone calls and in person meetings are critical. From your local councilperson to your State Representatives, please pick up the phone and call and ask for an in-person meeting. Ask your representativeto stand up for your community.


Educate Yourself: Check out the websites to the left to learn more and sign up with us for email updates. We need to stay connected. Many hands make light work!



LEARN MORE

In California the same Bill- called SB 649- was rammed through the legislature and thankfully was halted by the Governor's veto. After all hundreds of CA Cities opposed the Bill and people were protesting en mass. 

Organizations wrote letters in strong opposition such as The  American Association of Retired Persons (AARP), the Alliance of Nurses for Health Environments, the Sierra Club, Frank Clegg, former President of Microsoft, Canada, the Greenlining Institute, the American Planning Association. (Click on the links to read the letters)

We suggest watching these videos below to learn more.
The first video is an investigative news from California on how firefighters fought the Bill to protect their health. The last piece is from North Carolina.

From Maryland to California, its the SAME Story, the SAME Bill.

We will stop these bills! Please spread the word.



House Rules & Executive Nominations Committee, HB 1767
Ann Healey, Chair 410.841.3961 / 301.858.3961 / anne.healey@house.state.md.us
Jay Walker, Vice Chair 410.841.3581 / 301.858.3581 / jay.walker@house.state.md.us
Susan L.M. Aumann 410.841.3258 / 301.858.3258 / susan.aumann@house.state.md.us
Kumar P. Barve 410.841.3990 / 301.858.3990 / kumar.barve@house.state.md.us
Eric M. Bromwell 410.841.3766 / 301.858.3766 / eric.bromwell@house.state.md.us
Derek E. Davis, Sponsor of SB 1767 410.841.3519 / 301.858.3519 / dereck.davis@house.state.md.us
Kathleen M. Dumais 410.841.3052 / 301.858.3052 / kathleen.dumais@house.state.md.us
C. William (Bill) Frick 410.841.3454 / 301.858.3454 / bill.frick@house.state.md.us
Tawanna P. Gaines 410.841.3058 / 301.858.3058 / tawanna.gaines@house.state.md.us
Sheila Ellis Hixson 410.841.7122 / 301.858.3469 / sheila.hixson@house.state.md.us
Carolyn J.B. Howard 410.841.3919 / 301.858.3919 / carolyn.howard@house.state.md.us
Sally Young Jameson 410.841.3337 / 301.858.3337 / sally.jameson@house.state.md.us
Adrienne A. Jones 410.841.3391 / 301.858.3391 / adrienne.jones@house.state.md.us
Anne R. Kaiser 410.841.3036 / 301.858.3036 / anne.kaiser@house.state.md.us
Nicholaus R. Kipke 410.841.3421 / 301.858.3421 / nicholaus.kipke@house.state.md.us
Susan K. McComas 410.841.3272 / 301.858.3272 / susan.mccomas@house.state.md.us
Maggie McIntosh 410.841.3407 / 301.858.3407 / maggie.mcintosh@house.state.md.us
Shane E. Pendergrass 410.841.3139 / 301.858.3139 / shane.pendergrass@house.state.md.us
Dana M. Stein 410.841.3527 / 301.858.3527 / dana.stein@house.state.md.us
Kathy Szeliga 410.841.3698 / 301.858.3698 / kathy.szeliga@house.state.md.us
Frank S. Turner 410.841.3246 / 301.858.3246 / frank.turner@house.state.md.us
Joseph F. Vallario, Jr. 410.841.3488 / 301.858.3488 / joseph.vallario@house.state.md.us


            Email All
            






Senate Finance Committee, SB 1188 

            Thomas McLain (Mac) Middleton, Committee Chair and Sponsor of SB 1188 410.841.3616 / 301.858.3616 / thomas.mclain.middleton@senate.state.md.us

John C. Astle, Vice-Chair 410.841.3578 / 301.858.3578 / john.astle@senate.state.md.us
Joanne C. Benson 410.841.3148 / 301.858.3148 / joanne.benson@senate.state.md.us
Brian J. Feldman 410.841.3169 / 301.858.3169 / brian.feldman@senate.state.md.us
Stephen S. Hershey, Jr. 410.841.3639 / 301.858.3639 / steve.hershey@senate.state.md.us
J.B. Jennings 410.841.3706 / 301.858.3706 / jb.jennings@senate.state.md.us
Katherine A. Klausmeier / 410.841.3620 / 301.858.3620 / Katherine.klausmeier@senate.state.md.us
James N. Mathias, Jr. 410.841.3645 / 301.858.3645 / james.mathias@senate.state.md.us
            Edward R. Reilly 410.841.3568 / 301.858.3568 / edward.reilly@senate.state.md.us
James Carew Rosapepe 410.841.3141 / 301.858.3141 / jim.rosapepe@senate.state.md.us

Email All




Montgomery County Council Members

Hans Riemer, President 240.777.7964 / Councilmember.Riemer@montgomerycountymd.gov
Nancy Navarro, Vice President 240.777.7968 / Councilmember.Navarro@montgomerycountymd.gov
Roger Berliner 240.777.7828 / Councilmember.Berliner@montgomerycountymd.gov
Marc Elrich 240.777.7966 / Councilmember.Elrich@montgomerycountymd.gov
Nancy Floreen 240.777.7959 / Councilmember.floreen@montgomerycountymd.gov
Sidney Katz 240.777.7906 / Councilmember.Katz@montgomerycountymd.gov
George Leventhal 240.777.7811 / Councilmember.Leventhal@montgomerycountymd.gov
Craig Rice 240.777.7955 / Councilmember.Rice@montgomerycountymd.gov