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Published: Sep 18, 2011 02:00 AM
Modified: Sep 16, 2011 08:53 PM

Morrisville rebuts claim of cell tower bias
Town accused of illegally barring cellphone towers in report to FCC
 
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MORRISVILLE - The town is fighting allegations from the telecommunications industry that it illegally bars cellphone towers and hires anti-broadband consultants.

Morrisville - which recently won a cellphone tower lawsuit - was the only Wake County municipality to be called problematic in the Wireless Infrastructure Association's report to Federal Communication Commission in July.

Morrisville officials reviewed the complaints Tuesday and plan to issue a letter to the FCC denying the allegations.

"I'm stunned that their homework wasn't done," said Mayor Jackie Holcombe. "Now we can set the record straight."

The report was the result of the FCC's solicitation for input about progress toward improving Americans' access to broadband service.

President Barack Obama has set a goal of high-speed wireless services to 98 percent of all Americans within five years. About 40,000 towers are needed to meet that goal, according to documents filed with the FCC.

Morrisville was one of two towns in North Carolina accused of issuing "blanket bans" on wireless networks and infrastructure, according to the telecommunication association's report.

The town does not have an ordinance banning cell phone towers, said Senior Planner Rodney Wadkins. The only place they are restricted is in the Town Center planned area.

New telecommunication towers are permitted within the Industrial Management district, and wireless antennas that are concealed within a structure are permitted in all zoning districts, according to town documents.

The association also alleges the town hires consultants who purposefully slow down the application process and are responsible for driving up the cost of putting in new infrastructure.

"The more information and application requirements that a consultant requires, the more money the consultant can draw," said the report.

Morrisville does use a consultant, CityScape, but they have a fixed $4,150 fee for the entire review process, not an escrow account that wireless companies must replenish, according to town records.

CityScape also offers a 72-hour turnaround for review after the application is complete, said town officials.

Last month, Anthony Lepore, attorney for CityScape, submitted comments to the FCC denying the allegations.

The town has until Sept. 30 to respond, said Morrisville Town Manager John Whitson.

This is not the first time Morrisville has had to defend its position on cellphone towers.

In August, a Wake County judge upheld Morrisville's decision to deny American Tower a special use permit to build a cellphone tower near the Providence Place subdivision. American Tower alleged the town's decision violated the Telecommunications Act of 1996 by denying service to an intended area.

Morrisville said the company failed to show the proposed tower would conform to the town's land use plan, fit the neighborhood's character, and would not substantially injure property values.

aramos@newsobserver.com or 919-460-2609
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