Controversy is brewing in the Texas state House of Representatives over a far-reaching bill that could give individual counties the authority to regulate tower siting, even requiring those with whip antennas on their cars or a home satellite dish to obtain a permit from the county they live in.
But even more pertinent to the wireless industry is the power it would give counties to control the timing and placement of PCS and cellular towers in Texas. The bill addresses “wireless communication facilities,” which include antenna support structures for mobile and land-based facilities, whip antennas, panel antennas, microwave dishes, cell enhancers, mobile radio systems facilities, monopole and steel lattice towers and any type of communication equipment shelter.
It requires the retrieval of a permit for the construction, expansion or removal of a tower or other structure, and may impose fees. The commissioners court of a county will be able to dictate the height, lighting, location and removal of the towers if the bill passes.
Rep. Robert L. Cook introduced the bill, H.B. No. 1148, to the Texas House on Feb. 7.
Many in the tower and amateur radio industries in Texas are aggressively opposing this bill, saying it would impose unnecessary duplication and expense on a wide segment of the wireless, television and radio broadcast industries, as well as private owners of satellite dishes, antennas and various kinds of towers. The Federal Aviation Administration and the Federal Communications Commission already impose regulations.
If the bill passes it will be just “one more fee the tower owners are going to spread out over their tenants,” said Bill Parker, area sales manager for Securicor Wireless Inc. and an opponent of the bill.
“I don’t want to see my customers negatively impacted in Texas,” Parker said.
Perhaps the most ardent opposition to the bill comes from the amateur radio community, which would find it very difficult to erect even the smallest of antennas. Amateur radio operators often provide emergency communication services when the bigger towers are rendered useless.
“They (amateur radio operators) are the first ones back on the air after a tornado or hurricane or other disaster,” said Stuart Rohre with the Amateur Radio Emergency Service in Tyler County, Texas. “Their networks are decentralized, with many transceivers and antennas, and thus do not have the single point of failure of a cell or even a TV or radio broadcast station that is off for weeks after a tornado.”
Jim Haynie, president of the Amateur Radio Relay League drafted and submitted an amendment to the bill several weeks ago that would ensure ham operators would not be affected. According to Rohre, Rep. Cook’s office was open to the amendment, but there is no word on whether it will be included.
So the question remains, why would such a broad and seemingly unconstitutional bill even be up for consideration? Parker speculates the reasons are more financial than anything.
“If this gets passed, it’s going to cause some more problems. Tower companies are already charging outrageous fees as it is,” said Parker. “It’s a good way to generate some tax revenue. That’s what it really boils down to.”
Another more popular theory circulating is that Rep. Cook introduced the bill to satisfy the concerns of those in the community who saw cellular/PCS towers going up near their homes. There is even speculation that the bill was written broadly to insure it’s failure, and ultimately act only as a salve for the complaints of those who don’t want towers going up in their neighborhoods.
Rohre said Rep. Cook’s office has received hundreds of complaints against the bill, which currently is held up at the County Affairs Committee.
A second bill, HB 1492, was submitted to the Texas Transportation Committee in the House of Representatives. It would authorize the Texas Department of Transportation to require lighting and marking of all antenna towers between 50 and 200 feet, not otherwise under FAA rules.
Rohre said this bill was introduced because crop dusters and helicopter pilots have had a least seven accidents where they have tangled with a low-lying tower. Rohre said this bill also is flawed for many reasons, but most importantly it includes towers that are near trees and buildings, where crop dusters and helicopters would not be flying anyway. It also does not provide the Texas Department of Transportation any guidelines as to the permit fees.
