Democracy on the Front Lines
City Administrator’s Blog
Walter Denton
September 26, 2007
It is difficult to keep up with new technology, what with all of the new products for cell phones, televisions, and computers. For city governments, it is equally difficult to keep up with new laws governing technology. The City of O'Fallon has encountered two issues recently that are a clear departure from traditional methods of dealing with telecommunications.
For the last 30 years, cable television has been under local control. Cable TV companies had to negotiate a franchise agreement with the City in order to provide service in a community. This was done because cable TV lines often were laid along public rights-of-way and utility easements. In addition, the cable companies assisted cities in providing cable access channels so community information could be broadcast through the cable system.
O’Fallon currently has a franchise with Charter Communications and we operate an access channel. On Channel 10, we broadcast City Council meetings, interviews with city officials, and community information.
This year, the Illinois legislature passed a new law that took all franchising rights away from cities and created one statewide franchise. As a result, any company that wants to provide video services can enter a market without negotiating with the city government. This clearly makes it easier for new services and choice is good for residents. However, it is more difficult for cities because it lowers the requirements for companies to cooperate with local ordinances and land use regulations.
I mention all of this because AT&T has begun installing new boxes around town for their new Project Lightspeed cable television system. The easiest box to see is at the southeast corner of Lincoln and Deer Creek. In addition, you probably saw AT&T installing new fiber optic lines along Lincoln and other parts of town this summer.
Some of these new boxes are quite large and City staff are working with AT&T to minimize the impact of the boxes in residential areas. Inspectors have been making site visits to the proposed box locations to verify they are not too obtrusive. They have made suggestions to AT&T for some modifications and so far AT&T has been amenable. We want to make sure they do not install boxes in someone’s front yard or in a dangerous location.
Project Lightspeed (also called U-verse) is a direct competitor to Charter Cable. It is "Video on Demand" like cable television except their signal will be through Internet lines rather than cable lines. They also intend to bundle their phone, TV, and Internet services similar to Charter. The new state law requires companies to carry local access channels so you will still be able to get Channel 10 through Project Lightspeed.
We do not know when AT&T’s new service will be operational, but in previous discussions their goal was to have 70% of O’Fallon covered over the next 18 months. Homes farther away from the center of town are probably less likely to be covered right away.
Another staple of modern technology is the cell phone. Cell phones are wonderful conveniences, but they require antennas that sometimes are affixed to unsightly cell towers. The City of O'Fallon passed an ordinance several years ago that required cell phone providers to locate their antennas on water storage tanks unless a tower is needed where public facilities do not exist. As a result, there are very few cell towers around town and the most recent cell tower approved in O’Fallon is a flag pole on Green Mount Road.
Despite the City’s efforts to limit cell towers, a cell tower is currently going up on a farm along Troy-O’Fallon Road between Seven Hills Road and the Crown Pointe subdivision. The residents at Crown Pointe have called us and are upset that a tower will be in their backyard. We sympathize with the residents, but the property is not in the City limits and there is nothing the City can do about it. The residents have called St. Clair County, and were told that a recent state law states that if a property is zoned Agricultural, then a tower can go up at a height up to 200 feet without a public hearing and the County is powerless to stop it. Although the new cell tower is on a farm, it is in the middle of a residential area and at least we could have negotiated for them to install a flag pole cell tower.
This is another case of the state taking land use control away from the local government. Just as it would be advantageous for cities to negotiate with cable TV companies, it would be helpful for localities to have a say in where cell towers should be located. We are not trying to stop progress, but there is a purpose for land use regulations. We are reviewing our options to see if there is anything the City can do to influence the placement of the cell tower.
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