BILL ANALYSIS 1 1 SENATE ENERGY, UTILITIES AND COMMUNICATIONS COMMITTEE MARTHA M. ESCUTIA, CHAIRWOMAN SB 534 - Runner Hearing Date: April 19, 2005 S As Introduced: February 18, 2005 Non-FISCAL B 5 3 4 DESCRIPTION Current law makes local governments the permitting authority for cellular telephone antennas. This bill requires a cellular telephone company to post information on its website when a public hearing is scheduled to site an antenna or associated facility. BACKGROUND High quality cellphone coverage is dependent on an adequate number of cellphone towers. It has sometimes proven difficult for cellphone companies to obtain necessary local permits to site such towers because of local concerns of unsightliness, noise, and health effects (e.g. NIMBYism). The rapid, widespread adoption of cellphones attests to their utility, though adoption rates in the United States lag behind other countries. Unfortunately, the advertising for cellphone service has created unmet expectations for seamless, ubiquitous, high quality reception. This expectation has not been moderated by the cellphone companies, who could do so by providing customers with detailed coverage maps. The inability to use one's cellphone as expected has led to customer dissatisfaction. COMMENTS Construction of cellphone towers often pits local residents and property owners against cellphone companies and, indirectly, their customers. Through public meeting laws residents are required to be notified of local government actions to site cellphone towers. By requiring cellphone companies to post tower siting information on their website, the author is trying to level the siting playing field by encouraging tower siting supporters to participate in the process. But it would seem to be clearly in the interest of cellphone companies to alert their customers of their efforts to improve service. Consequently, the cellphone companies already have an incentive to notify customers of their cellphone tower siting efforts. (Certainly there is nothing in state law to prevent a cellphone company from contacting its customers and encouraging them to participate in the tower siting process.) Therefore, a mandate for the cellphone companies to post the information on a website seems unnecessary. The large cellphone companies probably have hundreds, if not thousands, of pending applications to site cellphone towers throughout the country. To the extent customers are interested, they'll only be interested in the potential cellphone tower sites which will improve the service where they use their cellphone. A simple listing of pending cellphone applications and hearings may not be useful to customers. The bigger issue is how to get customers interested in cellphone tower siting. That may be a more appropriate issue for the cellphone companies than state government. POSITIONS Sponsor: Author Support: None on file Oppose: None on file Randy Chinn SB 534 Analysis Hearing Date: April 19, 2005