Thursday, July 22, 2010

Court says cell tower stays

From the Daily News:

Residents of a ritzy upper East Side condo are stuck with unsightly cell towers on their building's roof after a Manhattan judge allowed T-Mobile to continue installing the antennas.

Construction work was put on hold after owners at Salem House on E. 81st St. sued their condominium board and the wireless company, arguing the apparatus - put in without tenants' consent and surrounded by ominous warning signs - is bad for their health.

The towers are on the common, frequently used rooftop "only feet away from outdoor terraces of the penthouse units," the suit claimed back in March. Condo owners asked for $60 million in damages in addition to having the project scrapped.

T-Mobile, which already has spent $270,000 on the work, countered that the signs are required by the federal Communications Commission, and besides, only the FCC has control over telecommunications facilities.

Supreme Court Justice Louis York agreed.

In a decision published this week, he allowed the work to go on for now.

"This Court has seen no basis to assume that the installation of these facilities will cause harm to the users of the roof," he wrote. "But even if such harm were provable, injunctive relief would be denied" because federal law takes precedence.

The project is still grounded, however, due to a pending stop-work order issued by the Buildings Department after contractors punctured a partition, records show.

14 comments:

Anonymous said...

There goes the neighborhood. ZAP!

Lino said...

"..only the FCC has control over telecommunications facilities."

Clumsy, misleading. The -property owners- of the site have ultimate control. Cell/Telcom providers can not demand access without consent, however, after responsible consent is granted third parties have little to say.

What I don't understand is how that board could give it's approval w/out resident's consent. Our building and several others in the area were approached by several companies, we voted, the answer was no. Ofcourse as a practical matter, if everyone says no you end up with dead spots, which is what we have on this block.

Don't bother suing the telcom, sue your damn board. You can bet that palms were greased.

Anonymous said...

zzzzzzzzzzzzzzzzzz

Anonymous said...

Good a real story Queens Crap that doesn't get the hysterical others on here veering from the actual important topic of dangerous unregulated industry.

Anonymous said...

FUCK 'EM!

Let those tiny little microwaves adjust their brains so as to be more sympathetic to what the rest of some of the not so well off nabes in NYC have to deal with.

Klink Cannoli said...

The eco-fascists must be going nuts over this ruling.

Once again science and reason triumphs over mysticism and the occult.

Anonymous said...

I wonder how much money was paid to the judge by T-Mobile to make this happen.

Anonymous said...

Crapper's excerpt makes it clear that the tenants sued the condominium board who granted permission to T-Mobile. I don't see how invoking the federal authority of the FCC has any relevance. This is just stuff that condo boards do contrary to the interests of the tenants -- it happens all the time.

Anonymous said...

Klink lives in a world of his own absurd convoluted ideas.

What do far right people know or care about science with the mega church end times fundamentalist in their majority?

John from Conn said...

Most that speak like the last Annon believe Logic and Reason are convoluted ideas...

Tisk..Tisk..Labels..Labels..Right..Left..

It is not a matter of Politics it is a matter of a proper philosophy.

Do you believe in critical ideas, concept formation and integration? Or do you only haplessly seek "Positive Action" at any cost...where your illogical ends justify your immoral means...

Anonymous said...

I'm beginning to understand the problem here. Everyone's brain is so fried by all of the cell tower transmissions, they can no longer express themselves clearly!!!

Klink Cannoli said...

Perhaps moving pictures is more your speed.

http://www.youtube.com/watch?v=ZxSSMl8pAE4

Lino said...

Klink Cannoli said...

The eco-fascists must be going nuts over this ruling.

Once again science and reason triumphs over mysticism and the occult."

Right. So explain why "mysticism and the occult' are so popular with the right wing. Those wailing, swaying idiots that congregate in former sports arenas turned "churches" to hear some Elmer Gantry tell them of the evils of the flesh (while he buggers anything on two feet).

The fact is that no definitive study exists to show the effects of these low-level radiations. But FCC rules do exist to regulate the higher power emissions from standard VHF_UHF_Micro wave and Broadcast sticks as there -are- proven deleterious effects from close proximity exposure to these.

It is not unreasonable for people to err on the side of caution here..but as someone who has argued -for- the tobacco industry, I don't expect more than the usual pompous and vacuous response.

Klink Cannoli said...

Much to your disappointment, I'm not a "right winger." You're not paying attention, Lino.

You can read Sigmund Freud's; Totem and Taboo, Moses and Monotheism, and Civilization and It's Discontents for staters to understand man's need for religion.

RF: I've gone through this already and will not with you...
http://queenscrap.blogspot.com/2010/02/cigar-for-anyone-who-can-explain-this.html