By David Fleet

Editor

Goodrich-A proposed communication tower in the village has drawn the attention of county officials.

On Aug. 26, Newport Beach, Ca. based Mobilitie, LLC a worldwide communications corporation, approached the village with a request to install a 120-foot communications pole near Hawes Street and M-15. The pole, which is 40 inches in diameter at the base, would be planted four feet in the ground and support canisters for communications such as cell phones.

“We have worked hard and have paid to have fewer poles in the village to begin with,” said Jakki Sidge, village administrator. “The application is in the public right-of-way of M-15 similar to where a gas line or telephone pole for public utilities is located. They (Mobilitie) have applied under the Metro Act as a way to circumvent purchasing property to put up a communications tower. The (Metro) act is for necessary utilites. This is not.”

The Metro Act, created in 2002, allows telecommunication providers to cut through red tape and obtain permits without having to pay excessive fees or endure unnecessary delays.

After the application was received, village attorney Thomas McKinney replied and denied Mobilitie’s request.

In an effort to battle the tower company on Monday night the village council voted 4-0 and OK’d fees of $232.50 to join PROTEC, the Michigan Coalition To Protect Public Rights-Of-Way. The coalition, formed in 1996 by several Michigan cities interested in protecting their citizens’ control over public rights-of-way, and their right to receive fair compensation from the telecommunications companies that use public property has grown to more than 70 municipalities including Ortonville, Oxford and Metamora.

The pole issue is not limited to the village.

John Daly, Genesee County Road Commission director, said county townships have reported five applications for the large poles over 45 feet and one company had 13 applications for smaller poles, under 45 feet have been filed.

“The purpose of the (roadway) right- of-way is to provide a safe haven for motorists if they should leave the roadway,” said Daly. “However, there are trade-offs such as mailboxes or utility poles which are located as far from the roadway as possible. Other obstructions such as retaining walls constructed in front of homes are often restricted due to the safety of motorists.”

Daly said the GCRC is seeking the assistance of communities after companies like Mobilitie, are requesting to install distributed antenna systems or DAS on poles or underground in the road rights-of-way have prompted concerns. The issue stems from a recent lawsuit against the GCRC by an alleged DAS provider after the commission stopped work on a specific project in the county right-of-way. The stop order was generated after a discovery that the company had improperly located permitted poles and the DAS installation was not subject to the Metropolitan Extension Telecommunication Rights-of-Way Oversight (METRO) Authority.

According to county officials, townships have received requests from companies to install cable/fiber, poles and related structure in the road rights-of-way. Some have submitted as Metro Act applications others not. When these poles are OK’d by the township, the company then claims to have the right to install their equipment on those poles such as antennas for cell phones.

As a result the GCRC emphasizes obstacles, such as poles in the right-of-way become a hazard for vehicles that may leave the roadway.. Therefore, the GCRC is requesting that when a township or village receives a request for an installment in the right of way, a copy of the proposal be sent to the legal department of the county. The commission will review the request for safety consideration and legality.

“The reason we are denying these requests is the communications company is not a public utility,” he said. “These are not municipal corporations and only the fiber optics section of the Metro Act is covered. The act excludes wireless communications, they just don’t understand that. The pole or poles present a danger to motorists and the guy-wire that often is attached. Finally, there is no other reason to install the poles in the road-right-of-way except for economic purposes. Corporations are tying up public right-of-ways for profit.”