June 13, 2009 — During Friday's Planning and Natural Resources Department public hearing on draft telecommunication facilities regulations in Christiansted, some residents and small broadcasters raised fears the regulations might advance one or two big companies at the expense of smaller, local ones.
A regulation allowing only one tower within a five-mile radius raised this concern for some.
"I think the beneficiaries of these regulations are large tower owners," said Antony Whitehead, who has a show on WEVI FM 101.7, a small Christian radio station. "My concern is a small independent station owner — and I might add, a local operator — who doesn't have the same resources will be forced to negotiate for space and might be jacked up in the process," he said.
Larger tower owners had the opposite concern.
"Does this mean if I own or control a tower and someone is within five miles and I can accommodate that person, does that mean I must accommodate them?" asked Kevin Rames, attorney for Isle 95 radio station owner Jonathan Cohen. "Do I give up control, and my property becomes property I must allow others to use? I think that raises constitutional issues," Rames said.
Dawn Henry, legal counsel for Planning's Environmental Protection Division, answered most of the questions, with members of the Division of Comprehensive and Coastal Zone Planning committee assisting and taking notes. Henry said the draft regulations are a work in progress and will incorporate public and business suggestions to the extent they don’t undercut the purpose of the rules.
Regarding distance between towers, "we want to know a tower is needed in this or that area," she said. "And that you are going to provide service and are going to use this tower to its maximum capacity before you put up another one."
Many of the same telecom attorneys present at hearings on St. Thomas (see: "Draft Tower Rules Could Stifle Cell Service, Speakers Say"), and St. John (see: "Small Turnout, Big Issues at Cell Tower Hearing") returned again for the final hearing Friday. Along with a number of specific suggestions, they largely repeated their concerns that a complex local licensing regime might slow or halt development by delaying startup and increasing cost.
Tower construction begun on St. Thomas without public input and little notice led to an outcry and a freeze on tower construction while new regulations were drafted. (See: "Tower Spat Prompts DPNR To Freeze Some Projects.")
This week, DPNR held three public hearings to get input into the final regulations. Once finished, the department will send them to Gov. John deJongh Jr. and on to the Legislature, which will hold another round of public hearings.
Copies of the draft regulations can be reviewed at the Division of Comprehensive and Coastal Zone Planning offices at 45 Mars Hill, St. Croix; the second floor of the Cyril E. King Airport, St. Thomas; and at the Marketplace shopping center on St. John. They're also available at all public libraries and University of the Virgin Islands libraries. Copies can be emailed to anyone who can't make it to the libraries. Call the Division of Comprehensive and Coastal Zone Planning at 774-3320 or 773-1082.
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