WASHINGTON-Verizon Wireless has been dragged into litigation that has percolated up to the Supreme Court, which has been asked by a group of Vermont citizens to rule whether local zoning is pre-empted by federal law when telecommunications facilities cause interference to electrical and electronic devices in homes and business.
Verizon, the nation’s top mobile phone carrier, and a Burlington, Vt., broadcaster, have antennas on the telecommunications tower at issue.
While the dispute is centered on radio-frequency interference, the case involves issues that have arisen in antenna siting disputes-including whether RF transmissions pose health problems.
Federal courts are divided on antenna siting jurisdiction, leaving the matter ripe for a future Supreme Court review. Vermont citizens are relying on antenna siting decisions favoring local residents to bolster their case for a Supreme Court review.
In February, the U.S. Court of Appeals for the District of Columbia Circuit refused to overturn a Vermont district ruling. That prompted the Vermont contingent in May to ask the Supreme Court to take the case.
In an unusual move, Vermont’s two U.S. senators have filed with the Supreme Court in support of their constituents.
Congress “has not granted the FCC exhaustive authority in this area. Congress has been deliberate, not extravagant, in delegating to the FCC authority in these matters,” stated Sens. James Jeffords (R-Vt.) and Patrick Leahy (D-Vt.).
Jeffords and Leahy are sponsoring legislation that would give local communities greater control over where wireless firms can erect towers and appropriate federal funds for mobile phone health research.
Verizon told the Supreme Court in a brief that Congress has given the FCC exclusive oversight of RF interference and that RF interference “is a phenomenon that affects the performance of devices and not a matter of `health and safety’,” as alleged by Vermont citizens.
The high court is expected to rule whether to take the case when it returns in October.
