By SARI ZEIDLER and MATT HAMPTON
Charles Kovit, senior deputy town attorney, explained that Federal law has tied Hempstead’s hands with regard to regulating placement of NextG antennas — brown metal boxes affixed to telephone poles at a height of approximately 20-feet, or higher. NextG has been given utility status by New York State, and as such, is regulated by the Federal Telecommunications Act of 1996, which is intended to allow competition among cellular providers.
NextG provides cellular service using a Distributed Antenna System, and will be placing 275 antennas throughout Nassau County, 157 of them in Hempstead, which were scheduled to become active by July 1, according to Patrick Ryan, an attorney for NextG. The antennas are placed on existing Verizon telephone poles and are contracted to provide service to Metro PCS. Ryan said that because NextG has obtained utility status, the Telecommunications Act requires Verizon to give NextG access to poles. He said NextG pays anywhere from $30 to $80 a year per pole that it uses, and would be interested in contracting with other cellular providers in addition to Metro PCS in the future.
Kovit, speaking for Town Supervisor Kate Murray, acknowledged that the town originally tried to oust NextG, but decided to cooperate because officials felt they could offer better solutions for residents by working with the company.
He said the town is limited to “managing the public way,” meaning it can’t argue for the removal of a NextG antenna unless it interferes with traffic or public roads.
“Yes, we had some false starts,” Kovit said, “but that’s behind us now, and I think that we’re about to really enter into a new phase with them [NextG] where there’s complete cooperation.”
Kovit said that because the town has decided to grant NextG access to some town-owned poles, NextG will only need to install 12 new 40-foot poles, instead of 24 poles as originally planned.
Thus far, poles have materialized in Franklin Square on Willow Road and Horatio Avenue. Residents in both locations have held rallies and reached-out to local government leaders in an attempt to get the poles removed — or at least get answers.
Last Monday, June 22, more than 75 residents attended a meeting at the VFW Hall in Franklin Square to discuss the poles and try and work out a solution to the problem with the help of local legislators John Ciotti and Vincent Muscarella.
According to Norwood Park Civic Association President Vincent Toma, Franklin Square residents have been hot under the collar over the installations for weeks. Toma said the main issue of concern — aside from the offensive poles themselves — was the fact that many residents feel the town is being manipulated by a company they feel is masquerading as a public utility.
“This company is not a public utility in the eyes of most of the residents and neighbors here,” Toma said. “This is a clandestine, quick assault on a residential neighborhood.”
Toma said the main concerns of all the residents centered around a number of points, chiefly, whether or not the poles could be removed, and what the town could do to prevent other intrusions by still more companies in the future.
Kovit said negotiations are still taking place to determine which poles will be eliminated from the list. He also suggested that instead of 40-foot poles, smaller poles may be placed in some locations that look like what he described as “decorative light poles” with a NextG box affixed to it and a four foot antenna on top. He said this alternative would require more poles.
Residents, including Franklin Square’s Rosalie Rella, have expressed fear for their health since the antennas are placed on rights of way close to homes and schools. In Rella’s case, her home on Willow Road is close to both Valley Stream North High School and Willow Road Elementary School.
“I worry about the kids,” Rella said. “There’s so many of them who have to walk to school, and play outside.”
Many residents described finding antennas placed outside their home, having been put there overnight or early in the morning without any notification. Rella herself said the pole by her Willow Road home was there to greet her as she returned from work.
Kovit could not speak specifically to the notification NextG will provide for antennas placed on Town owned poles but said, “I believe it’s going to be good, strong notice.”
Daniel Collins, chief technical officer for Pinnacle Telecom Group, LLC, a company contracted by NextG, made a poorly received presentation at the Merrick meeting on the safety on NextG antennas, getting into minor arguments with several people who asked questions.
In an effort to smooth relations with residents and show goodwill on behalf of NextG, Ryan agreed allow South Merrick Community Civic Association President act as a community liaison, and attend meetings between Hempstead Town attorneys and NextG attorneys.
