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AT&T Sues Albany Over Council Decision on Cell Tower

The wireless service provider filed a lawsuit on Wednesday against the city for prohibiting the company from mounting new cell phone antennas on the rooftop of a San Pablo building.

Whether AT&T Wireless should be allowed to install new cell phone antennas on a San Pablo Avenue rooftop is now a question for federal court.

AT&T filed a lawsuit against Albany on Wednesday in response to the to deny the company's plans to improve cell phone service in the city.

AT&T is requesting a court order that would require the city to grant the company's application to construct new antennas on the rooftop at 1035 San Pablo Ave.

AT&T and city officials have not responded to requests for comment yet.

According to the formal complaint (attached as a PDF to the right), AT&T claims that the council's decision "effectively prohibited AT&T from closing a significant service coverage gap in the City," which violated the Telecommunications Act of 1996.

AT&T also points to the fact that the rooftop that it wants to use already has Sprint antennas.

See all of Albany Patch's cell tower coverage. 

"By denying AT&T's Application even though Sprint was allowed to install its facility on the rooftop of the Site, the City is discriminating against AT&T," the complaint states.

AT&T chose that specific San Pablo rooftop because of a section in Albany's municipal code that mandates new wireless communication facilities be co-located with existing facilities whenever possible, according to the complaint.

But the Planning & Zoning Commission , and again in May. The commissioners cited the city's rules about rooftop coverage as the reason for the denial, saying there was not enough room on the building's roof.

AT&T appealed to the City Council, . Before the second meeting, AT&T submitted revised plans that the company argued would have met the rooftop requirements.

But city officials said it was too little, too late, and in a split 3-2 vote the council upheld the planning commission's decision.

In the formal complaint, AT&T argues that the council's decision was not supported by substantial evidence, pointing to the contradiction between the city's co-location mandate and its rooftop coverage limitations.

AT&T also claims the City Council relied on public concerns about radio frequency emissions——in making its decision, which violates the Telecommunications Act.

AT&T's efforts over the last four years to install new cell phone antennas in Albany have elicited passionate responses from both and .

Several residents feared the City Council's decision in July would lead to a lawsuit.

AT&T has requested an expedited review of the case, though that request has not yet been granted.

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Just a short thought to get the word out quickly about anything in your neighborhood.
Share something with your neighbors. Write a new post... What's up? Make an announcement, speak your mind, or sell something
Lisa Schneider May 23, 2013 at 12:08 am
The occupiers complain that the meanies won't let them temporarily plant stuff on the futureRead More mixed-use project site, on the other hand the occupiers threaten a permanent occupation. This linked occupier image reminds me of Game of Drones (as in critters that perform no meaningful work) http://gallery.mailchimp.com/fef1cd615d86cfe1a43674873/images/ReOccupy_FARM_TOOLS.2.1f17376.jpg
Carla Harkness, center front with husband Bob, received the 2013 Lasallian Educator award at Saint Mary's High, May 17.  She is joined by other Educator honorees from prior years.
Peggy McQuaid May 20, 2013 at 11:26 am
Congratulations, Carla. The article failed to mention what a great neighbor you are.
Robby Sun May 20, 2013 at 10:37 pm
@Dover: The parent birds didn't look like doves. They were the commonly seen dull-yellowish birds.Read More Smaller than a pigeon but larger than a sparrow. Robins? I can't tell for sure. We checked the abandoned nest. To my eyes, it was well built, and stably setup between grape branches. It didn't capsize. The dead baby birds were found at least 5 feet away from the ground right beneath the nest. Something must have got them out of the nest and killed them. We didn't look at the corpses in detail to decide the cause of death though.
Robby Sun May 20, 2013 at 10:09 pm
@Ross: I was wondering that too. It could be the squirrels, which were very active in my backyardRead More and the neighborhood. They still are very active.
Dover May 20, 2013 at 09:31 am
I agree with Ross. A predator would have eaten those yummy, tender, tasty baby birds. It soundsRead More more like a case of incompetent nest construction to me. Were they doves? Doves are well-known for their inability to build proper nests but there are others who struggle too. Instinct and ability do not always travel hand-in-hand. Not much you can do about that, unfortunately. Some creatures are incompetent. Some people are incompetent. That's life.
Debris collection now at 10 days
Ralph Whize May 20, 2013 at 10:12 pm
Got thru to the City Inspector (twice) and he finally called the contractor, who (at the end of dayRead More 12 of trash build up) moved the debris pile away. Albany Planning Commission meeting is 2nd and 4th Wednesdays at 7:30 pm and I'm hoping local homeowners will take time to address this and other CV issues.
Dover May 20, 2013 at 09:40 am
Hey! Cool! Now I know where to dump my unwanted items! ;-) Seriously though, "the city"Read More is not helpless, "the city" is lazy and sometimes you have to kick them in the ass to get them moving. What have you tries thus far? I assume you have communicated with the CV owner or contractor. What else have you done?
Ann Farmer May 19, 2013 at 06:22 pm
This is not only an eyesore. This is a health hazard. The boards you see in the photo have nailsRead More sticking out. This area has become the trash heap for anyone walking by wanting to dispose of garbage. With bins overflowing, trash is blown down the street into residents' yards.
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Caryl O'Keefe May 18, 2013 at 08:30 pm
Another example of more balanced reporting from Berkeleyside article:Read More http://www.berkeleyside.com/2013/05/17/uc-berkeley-seeks-funds-to-cut-down-22000-non-native-trees/. Some of the comments are useful especially about glyphosphate. The author of the article even used his own name.
Preston Jordan May 18, 2013 at 08:24 am
The source cited in this announcement states up to 1,400 gallons of herbicide possibly includingRead More Roundup might be used rather than 14,000 gallons of Roundup will be used. Not that I am in favor of dosing the environment with petrochemicals, but I do like to make decisions based on facts. I also have to wonder about the accuracy of the source given that it is an opinion piece rather than an article.
Jack Osborne May 18, 2013 at 07:57 am
And now for the more balanced reporting: "But U.C. Berkeley wants to remove most of its 22,000Read More eucalyptus and acacia trees, then restore native species like they did in the Claremont Canyon." From this article: http://abclocal.go.com/kgo/story?section=news/local/east_bay&id=9107025
Mel Content May 19, 2013 at 12:02 pm
Sources and cites, please?
Mel Content May 19, 2013 at 12:01 pm
"If you are upset about how the rightwing has been attacking President Obama with lies andRead More hyperbole"
Mel Content May 19, 2013 at 12:01 pm
"If you are upset about how the rightwing has been attacking President Obama with lies andRead More hyperbole"