The Town Council has approved on a 4-3 vote a moratorium on the installation of 5G wireless technology in Fountain Hills.

The moratorium resolution was proposed by Councilwoman Brenda Kalivianakis and supported by council members Gerry Friedel, Allen Skillicorn and Hannah Toth.

The resolution calls “upon all utilities operating in the Town of Fountain Hills …to cease and desist the build out of so-called ‘5G’ wireless infrastructure until Jan. 31, 2024.”

It states the resolution is to allow the Town Council to review and update its existing ordinance related terms and conditions for location, design standards and guidelines, fee structure and the Town’s General Plan with a communication plan.

The resolution adds that Town regulations should be updated or replaced so that “equipment and method of service delivery of communications not protected in the 1996 (Telecommunications Act) (services other than Cellular Type II communications), are delivered via methods that do not devalue property values and are deemed safe to the environment and human health with the completion of an FCC NEPA review for the location of Fountain Hills.”

Town Attorney Aaron Arnson has advised the council that it is free to impose a moratorium on 5G development. However, he said that federal and state law make such a cease-and-desist moot.

In his written report to the council Arnson states, Federal law provides that “No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service.” 47 U.S.C. § 253(a)).

“Federal law largely preempts state and local regulatory authority over wireless facilities and small wireless facilities, except for reasonable aesthetic requirements. Further, in 2018, the Federal Communications Commission adopted ‘shot clocks’ that require local governments to review applications within a certain time from the date of submission, otherwise the application is deemed approved. In 2019, the Arizona Legislature adopted a similar shot clock for the approval of small wireless facilities in the right of way.”

Arnson explained that the moratorium has the effect of removing all authority the Town has, even its existing regulations, over the development of 5G. The resolution does not prevent a company from applying for a permit but does effectively prevent the Town from taking any action. When the time expires the application is considered approved and the company may proceed as it desires.

Local concern

Over much of the past year several local residents have raised their concerns with the Town Council regarding potential health impacts allegedly caused by the cellular microwave radiation.

Brian Cutler told the council he is a resident who uses the internet as a college level instructor and recognizes its usefulness. However, he said the population includes people with disabilities where sensitivity to wireless is debilitating.

“I am not suggesting you unplug,” Cutler said. “I rely on the internet. Build a smart community smartly and take steps to protect the vulnerable in the community.”

Matthew Corrigan spoke in support of the resolution. He said the industry has moved forward with no research on the impact to the population of the radio frequencies.

Corrigan said only recently have studies shown impacts on humans. He asked the moratorium be implemented until there is more study.

Lori Troller, who was among the first to bring concerns to the council, said “thank you for standing up for the citizens.”

Ted Blank urged the council to “follow the science.” He said there is adequate research to indicate that cellular does not cause cancer at existing levels.

Review

The Town Council had previously asked Arnson to review the existing ordinance and suggest changes. With the council’s authorization Arnson’s firm hired an outside attorney to assist with that review. The council is to hear from that counsel in June on possible improvements to the Town’s ordinance.

When a citizen suggested that the outside attorney worked for the telecom industry, Arnson had an emphatic response.

“The individual retained to address the council June 6 does not work for the telecom industry,” Arnson said. “When we do something in our office, we take to heart the interest of the Town.”

Much of the dilemma presented by the issue is the conflicting information regarding the impacts of radio waves on people. The Town’s moratorium is patterned after one implemented by Easton, Conn., in 2020. That town has since extended the moratorium and other communities have followed suit.

Opposition

Councilwoman Sharron Grzybowski cited research she had done which indicates 5G bandwidths are actually less harmful than existing radiation from microwave ovens and WiFi. Grzybowski opposed the moratorium.

Vice Mayor Peggy McMahon opposed based on the legal questions posed by Arnson.

The Town also received a letter from AT&T. The letter states “We have concerns that this motion will hamper AT&T’s ability to meet our customers’ expectations for superior wireless service and to deploy the latest technology to the residents of Fountain Hills, in addition to adversely affecting public safety.”

The Town also received a similar letter from CTIA, a trade organization for the wireless communications industry.

Mayor Ginny Dickey also opposed the resolution.

“We have directed the Town Attorney to get outside counsel to assist in considering regulations and ordinance changes. This is premature,” Dickey said. “(No applications are) pending. We need to be better educated. I do not want to vote for something that is ineffective.

“I am confident that our discussions will indicate things we can do to strengthen our ordinance.”