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Saturday, November 23, 2024

Fountain Hills attorney Aaron Arnson: Order given to 'temporarily prohibit 5G-enabled small cell infrastructure'

Fountainhills

The town of Fountain Hills approved an order to cease all work on 5G infrastructure until a review of procedures for approving wireless infrastructure can be completed. | YouTube

The town of Fountain Hills approved an order to cease all work on 5G infrastructure until a review of procedures for approving wireless infrastructure can be completed. | YouTube

The Fountain Hills Town Council voted during its May 2 meeting to approve a moratorium on all work on 5G cellular infrastructure until a review of procedures for approving wireless infrastructure can be completed.

Town officials have received many comments and concerns from residents in recent weeks about the safety of the wireless facilities and infrastructure within town limits, Town Attorney Aaron Arnson told the council. During the council's April meeting, town staff informed the community that they had retained an outside expert to conduct a review of the town’s ordinances, applications and guidelines to accepting and limiting wireless facilities to address residents’ concerns and protect the health and safety of residents.

"The council directed staff to prepare an agenda item to temporarily prohibit 5G-enabled small cell infrastructure within the town limits," Arnson said, adding that federal law prohibits state or local municipalities from rejecting telecommunications infrastructure or services outright, unless due to reasonable aesthetic requirements. The federal government and the state of Arizona have also adopted mandatory timelines for local governments to review and decide on applications for such projects. The council is considering a motion to cease the buildout of 5G infrastructure until Dec. 31 so they can complete and adopt any suggestions from the outside review.

Many residents shared their concerns about the rumored impacts of 5G towers, citing studies that showed various negative health and safety impacts and increases in cancer because of the 5G frequencies. The majority were against the 5G towers being placed in the city’s right of ways and impacting their daily lives.

Councilmember Brenda Kalivianakis wrote proposed ordinances for the moratorium, and she sent an amended version of the ordinance to cease buildout until Dec. 31 to the council. 

The council voted to approve the amended version of the ordinance, and the town will move forward with analyzing their approval process and requirements for wireless facilities before adding any more to the community.

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