Letter to the Governor on Cell Towers and the Referendum

April 4, 2012

Governor Nathan Deal

Office of the Governor Nathan Deal
206 Washington Street
111 State Capitol
Atlanta, Georgia 30334

Dear Governor Deal,

Thank you for taking time to consider my urgent plea for your help.  There is a bill that will be coming across your desk that must be stopped, HB 1299. I am speaking on behalf of myself and also the unofficial group we have organized in DeKalb County called Get the Cell Out - Atlanta. 

We have been working hard, along with many other groups, both formal and informal, to speak out against the cell towers that are slated to go up at nine schools in our county without the proper notification and input of the taxpayers.

Part of our concern was that our county commissioners were stating that they had no jurisdiction in this matter.  They stated that the school board was claiming an exemption to local zoning laws and building codes based on their alignment with the state rather than the county.  We were not satisfied with this answer because we do not believe our school board is adequately trained in the safe siting of cell phone towers or educated on local building codes.  We cannot allow unsafe structures to simply be rubber stamped for approval when we have homes and schools within the fall zone. 

Our concerns became evident to our state legislators and one lawmaker, Rep. Karla Drenner (D - Avondale Estates) took up our cause by writing a local and state bill seeking to ban these cell towers from school grounds.  Another lawmaker, Sen. Jason Carter, wrote a referendum to clarify the point that a proprietary use of governmental grounds does not qualify for the exemption. 

With their help in bringing attention to this matter, our local commissioners finally responded and recently they sent a joint letter, signed by all of them, to our county's CEO Burrell Ellis.  It stated that they do not believe the school, or the cell carrier, is exempt and they believe they should be held to the same zoning codes and standards as any other private company wishing to build a cell tower in our county.   We trust our CEO and/or Director of Planning will do the right thing and follow their recommendation to deny any permit applications seeking Special Administrative approval. 

With this support already in writing and the system working the way it should, we no longer wish to seek a state interference in what should be a matter of local control.  The reason for my appeal to you is that Rep. Drenner's bill has now morphed into something that was never supported by the citizens and has been approved without careful consideration of the consequences.

The original bill we were at the capitol to support was not passed and this secondary bill was substituted at the last moment as a consolation that is not necessary. In light of the most recent events, it may actually be harmful to the overall cause that it is attempting to support. 

We were not involved in the process of writiing the question that would be placed on the ballot, but in seeing it now, we do not believe it is an accurate reflection of the issue.  Asking the voters take a side in this fashion would actually be misleading and a waste of taxpayer time and money. 

To complicate matters, the legislature also passed a bill this session that makes it a high mistimeaner to conduct a peaceful protest in a residential neighborhood or, from what our representative told us, even discuss a protest when you are on public property like a school.  Voting "No" on this ballot issue could actually be considered an act of peaceful protest since the school board has already signed the contracts with T-mobile.  I know that I am personally concerned about the possibility of being fined $1,000 if I participate in this state-sponsored protest that will appear on the ballot.  

Please, Governor Deal, do not sign HB 1299 when it comes to your desk for approval.  You may view the contents of it here.  It is titled, "DeKalb County; nonbinding, advisory referendum by electors to ascertain if schools should place or operate a telecommunication tower on school property; provide." 

We appreciate the tenacity of Rep. Drenner for trying so hard to get result for us based on her own concerns for the radiation levels the towers would emit and her own expertise as a radiation physicist.  But, we do not think this voter question will yield results that can be beneficial in any way to the citizens who have asked for help.  And, in fact, it may dilute the effect of our commissioners coming forward. 

I am speaking from my professional opinion as a Research Manager with more than 20 years of experience.  I have MBA-level education and experience formulating survey questions and analyzing the results.  I was responsible for the largest customer satisfaction survey ever conducted by CNN News Services of its affiliate base.  The study was so successful, it has been repeated every year as an important benchmark to aid the top executives determine future product and service offerings and monitor intangibles such as customer loyalty and the progress of its competitors.  I was also asked to duplicate the study for CNN.com, CNN Radio and CNN en Espanol.

Using my experience to evaluate the question that the legislators have agreed to place on the July ballot, I believe we would be wasting taxpayer dollars.  From an objective standpoint as a researcher, I see nothing remotely reliable that can be derived from the data results of this question.

Opponents of the cellphone towers have made great strides in public awareness, but this issue is still one that does not break through the clutter of the many advertisements in our culture that tout the benefits of the technology.  The opposition has many factors most people do not know about and the awareness level of these factors is still low across the public at large.

Furthermore, on both sides of this fence, I have never once heard the structures in question referred to as a "telecommunication towers."  Defined, that term is so vauge it can mean anything from a smoke signal to a radio broadcast tower to a lookout for a military camp. And the issue for many is not whether the schools should "place" or "operate" anything as the question is worded.  T-mobile, or an onslaught of sub-contractors, will be the ones who will be doing the "placing" of a tower along with a huge 60' x 60' base station.  The question suggests the schools themselves will be operating the towers which is misleading and inaccurate.

The question also attempts to ask three questions in one, a big error to make in terms of data reliability.  It asks if the county school board should place these towers at "elementary, middle or high schools" in the county. 

Some people may believe that a structure for mobile communication is acceptable for one type of school, but not for another, because of the age of the children.  It also does not mention the many other forms of schools that might be considered, such as comprehensive schools that span K - 12 for the disabled children.  The question does not get a valid response from someone who might wish to vote "yes" for one type of school, but "no" for another.

Clearly, the legislators did not think this referendum all the way through.  They have many issues to consider every day.  I understand that.  I have just this one.  And, I am asking, please, for your help here.

This issue is about leasing property to a private business for proprietary purposes.  This issue is about exploiting a perceived loophole in zoning laws that would normally prevent such a structure from going up in these locations in the first place.  And, it is about public trust and the avoidance of notifcation policies already on the books in our county.  This referendum is not needed for our county to handle these grievences.  We were asking for a law, not seeking more controversy.

The ballot question does not say "cellphone tower" or even just "cell tower," both terms which might ring a bell with voters.  It does not say "wireless transmission tower," which is a term sometimes used by the telecom industry and in the contracts with the school board.  The ballot question does not mention that the towers have nothing to do with education or that any profit will be offset by the demise of property values. 

Placing a question on a ballot that asks people to choose a side is pointless.  And, the misrepresentation of the data could have unintended consequences.

Please do not sign HB 1299.  And, if you agree with our county commissioners that the standard zoning process should be followed in DeKalb County, we would greatly appreciate a letter of support to be forwarded to our CEO Burrell Ellis as well. 

We, the citizens, have done absolutely everything in our power to protect the children and preserve the quality of our neighborhoods. Without the money or influence of big time lobbyists, we are at an obvious disadvantage. 

Our future is in your hands now.

Kindest regards and thank you so much.
Cheryl Miller
Get the Cell Out - ATL