At the April 19 regular session of the Town Council a resident used the open call to the public to voice her concerns about the potential negative impacts related to the installation of 5G wireless telecommunication towers and the use of microwaves within the Town of Fountain Hills.

Lori Troller told the council that AT&T and Verizon are racing to see who can get 5G service installed first. She said she believes the resulting electromagnetic energy is causing irritation and undue stress to residents living near the installations.

Troller added that the services provided by 5G are far greater than the average person needs to operate their electronics. She asked that the Town stop issuing permits for the installations.

Although the council is unable to comment on subjects raised in call to the public not related to agenda items, staff has since issued a statement regarding the Town’s position.

“Since the safety of residents is the Town’s top priority, here is an answer to these concerns.

“As it stands today, federal and state laws preempt cities and towns from regulating how wireless facilities are deployed in city rights-of-way. In March 2017, the Arizona State Legislature passed House Bill 2365 and was signed by the governor on March 31, 2017, which amended Title 9, Section 5 of the Arizona Revised Statutes (A.R.S. §9-591 to §9-599) relating to wireless services.

“As a result of this bill, state law allows wireless providers to install, operate and maintain SWF and related equipment in the Town’s rights-of-way and public easements as a matter of right. The Town may only require an applicant to certify that the small wireless facilities comply with the federal communications commission regulations concerning radio frequency emissions referenced in 47 United States Code section 332(c)(7)(B)(iv).

“The FCC authorizes and licenses devices, transmitters, and facilities that generate radio frequency (RF) radiation. It has jurisdiction over all transmitting services in the U.S. except those specifically operated by the Federal Government. However, the FCC’s primary jurisdiction does not lie in the health and safety area, and it must rely on other agencies and organizations for guidance in these matters.”

Additional information about the safety of RF radiation and potential health hazards is found at fcc.gov.

Development Services Director John Wesley said the Town’s regulations related to the erection of towers and antenna are included in chapter 17 of the Zoning Ordinance, fountainhills.town.codes/ZO/17.

“We do require building permits for new construction, rarely for replacement of antenna on an existing tower,” Wesley said. “We do not regulate the cell equipment itself. That is regulated through the FCC.”