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WPCNR THE LETTER TICKER. May 17, 2021:

For the past year, 1000+ residents like yourself have been appealing to Mayor Roach and the White Plains Common Council to add amendments to the White Plains Telecom Code to protect residential areas from 24/7 radiation-emitting antennas.

This big effort came to a climax at the May 3 Common Council meeting, when new amendments (attached) were enacted into Section 4-23 of the White Plains Municipal Code. The Code was last visited in 1997, long before mini-cell towers were on the landscape. The following is a list of the more important amendments 

(in black) that were passed, followed by 5GAlert Westchester comments (in red):

1. Higher fees for telecom applicants to enable the City to pay for consultants and additional expertise to review applications. 

We’re glad the City will be reviewing applications with more scrutiny. However, applications must require numerous fact-finding determinations, all of which should be codified. Since they are not in the code, we will be looking to the City to provide us with a sample of a new application.

2. A provision that reads “to the extent technically feasible small wireless facilities should be located first in industrial districts, secondly in business districts, and last in residential districts.” 

Directionally good but no process or documentation is described for stated 3-tiered approach, nor for proof of “technical feasibility.” 

3. A provision “to the extent technically feasible,” no cell antenna may be placed in the Front Facade Area of a residence, school, daycare center, or nursing home. 

A minor improvement. Placement away from Front Facades will do nothing to diminish outdoor or in-home exposure levels to microwave radiation. Besides, we don’t want them in residential areas in the first place. 

Both 2 and 3 above are made conditional by the language, “notwithstanding… the Commissioner of Public Works may approve the locations of small cell wireless facilities wherever necessary to meet the applicant’s network service needs.” White Plains residents will be watching to see that 2 and 3 above are enforced.

4. Notification shall be sent by certified mail to all property owners within 500 feet of a proposed cell siting. 

Good! Excellent! An email address will be provided for notified residents to send comments. ‘Comments’ are insufficient. There has to be a process by which residents can appeal. Other cities hold public hearings for antenna installations, but not White Plains. We will continue to speak to the Mayor about this and work to create an appeal process. If you receive a notice, report it immediately to this email. 

5. Liability insurance. An insurance provision, intended to protect the City from liability related to future health claims from exposures to (RF) microwave radiation. 

Aside from the fact that none of us want to be submitting one of those health claims, this is a complicated provision which I cannot clearly explain. If there is an insurance expert reading this, please volunteer to interpret this provision which can be found in section 4-23-13 (attached). 

6. Emissions testing. Telecom carriers must document RF compliance at time of installation and randomly thereafter at least once a year. If not in compliance with FCC standards, telecoms must cease operation until in compliance, as well as check all other facilities they operate. Failure to comply “could” result in loss of permission to operate in the City.

 This is a necessary measure, made stronger at the last minute by Common Council Member Nadine Hunt-Robinson. However, it’s important to understand the FCC exposure standard is so astronomically high that it is virtually impossible for a cell facility to surpass it. Recently in Sacramento, a family was made sick by a nearby antenna measured to be 60,000 miliwatts; the FCC standard is 10 million milliwatts. As necessary as this provision is, it will not protect you.

Thank you for all your support in getting us this far. Despite the Mayor’s closing remarks at the May 3 meeting, there is much more we can do. Council Members Jennifer Puja and Justin Brasch made strong public statements in support of additional protective provisions, as well as the need to revisit the legislation every six months. This is positive and wouldn’t have happened without you. 

We will keep pressing. We will be looking to see that provision #2 above will be well-enforced by the City and serve to limit radiation-emitting antennas in our neighborhoods. 

Thanks again. You are the best!

Ruth Moss