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 

.