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restrictions in the ordinance. She added that the 300 feet was just the number the Task <br />Force came up with and was not based on anything other than what felt appropriate. <br />Commissioner Ritter inquired if the Federal Communications Commission (FCC) <br />recommends any distance. <br />Ms. Harryman replied that the FCC does not have any distances. She stated that the <br />Telecom Act of 1996 indicates that the radio frequency (RF) cannot be regulated but that <br />there are no distance requirements. She added that she thinks the distance requirements <br />that were put in place, as shown in case law, had to be based on aesthetic reasons; for <br />example, an easy argument can be made that a residential neighborhood might want a <br />buffer zone so residents are not staring at a cellular tower, even perhaps a camouflaged <br />tower, because, even though these faux trees are looking better and better, residents do <br />not necessarily want one of those 100 feet behind their backyards. <br />Commissioner Ritter noted that by lowering the distance, more things might be able to be <br />concealed without camouflage. He gave an example that, say, at 100 feet, a carrier could <br />find a spot and have everything concealed; there would never be an aesthetic issue, and it <br />would not affect the safety of the populace. <br />Ms. Harryman stated that she recalls a specific example that City staff has worked on over <br />time. She agreed that without the 300 -foot distance requirement, the carrier would have <br />been able to completely conceal the facility. She indicated that it was going to be 298 feet <br />away from the nearest property line. <br />Commissioner Ritter thanked Ms. Harryman for the clarification. He then disclosed that he <br />is an electrical engineer and has taken fields and waves and can confirm what <br />Ms. Harryman's stated. He indicated that one could get more damage from holding a <br />phone next to one's ear than from standing 50 feet from a cell tower. He added that he has <br />some friends in the industry who have told him the same thing. <br />THE PUBLIC HEARING WAS OPENED. <br />Brad Hirst commended staff for a terrific job and indicated that he is in support of staff's <br />proposal. He stated that he would like to speak from the perspective of why these changes <br />benefit the City rather than why the changes should be made because the Federal <br />government says the City cannot continue what it has been doing since 1998. He stated <br />that when that 1998 amendment was made, the residents of Ruby Hills at that time were up <br />and screaming because they could not get cell service. He added that the area around <br />Santa Rita Road and Valley Avenue has had a very difficult time getting cellular service. <br />He noted that these changes will correct a lot of those adverse situations. <br />Mr. Hirst stated that another additional benefit that was not mentioned that he has heard <br />from police officers and which affects the quality of life is that newspaper carriers who are <br />out very early in the morning see a lot of things going on that residents wish were not going <br />on and the newspaper carriers are able to communicate immediately with the Police <br />PLANNING COMMISSION MINUTES, November 13, 2013 Page 43 of 50 <br />