BILL ANALYSIS                                                                                                                                                                                                              1
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                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
                                                                        
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                                      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