Mayor Nickels' Cellular Antenna Proposal

Frequently Asked Questions

As directed by Mayor Nickels, DCLU has prepared draft legislation that would prohibit cell antennas (technically referred to as minor communication utilities) in Single Family and Residential Small Lot zones in most situations. The legislation would allow for rare exceptions to this prohibition such as, when a cell antenna is located completely within a non-single family structure or when cell service cannot be provided otherwise, as required by federal regulations. Below are answers to common questions about this legislation.

1) Why did Mayor Nickels propose the restrictions in single family neighborhoods at this time?
The Mayor's decision was based on citizen concerns for the character of Seattle's single family neighborhoods. Preliminary review of current applications by the Department of Design, Construction and Land Use (DCLU) showed that many cellular antenna proposals, primarily those located on City Light utility poles, would result in cellular facilities that were too big and too tall, and were likely to have significant visual impacts on surrounding single family properties.

2) What is the difference between current and proposed cellular antenna regulations?
Under current law, the need for a cellular antenna at a specific location in a single family neighborhood is not required to be questioned or analyzed. The proposed legislation would require verifiable engineering data demonstrating that a significant gap in cell service exists. In other words, a cellular antenna would not be allowed in a single family neighborhood unless it was absolutely necessary to provide service.

3) Aren't they just proposing to use the existing utility poles anyway?
The use of Seattle City Light poles for cellular antennas may be appropriate in some instances, but the applications we are currently seeing in single family neighborhoods would require that pole heights be dramatically increased. The applications also include increased overall width of the poles to accommodate conduit and to place the antenna array on top of the pole. This example is exactly the type of intrusive installation the community has asked the City to place greater controls on.

4) What about good cellular service?
The City is committed to allowing for good cellular service. The proposed legislation still allows cellular antenna in single family neighborhoods where there is a significant gap in service. When DCLU determines that a significant gap exists, they will work with the cellular provider to determine the least intrusive location for the antenna. Each cellular provider may make use of this provision when there is a significant gap in their service to a particular neighborhood.

5) What about 911 and E911?
The Mayor believes 911 and Enhanced 911 services are essential for the citizens and businesses of Seattle. DCLU is working with King County 911 Officials to ensure that the proposed legislation will allow for current and future 911 service technologies in our single family neighborhoods.

6) How does the City address health concerns raised by members of the community?
All applications for cellular antennas are required by the City to include a Statement of Federal Communications Commission (FCC) Compliance, which requires that the proposed cellular facility is consistent with FCC regulations for radio-frequency radiation. For more information on potential health impacts associated with radio-frequency radiation, please visit http://www.fcc.gov/cgb/consumerfacts/rfexposure.html

7) Does the Mayor's proposal comply with Federal regulations?
Yes, the Mayor's proposal is consistent with Federal regulations. The City's Law Department has reviewed the proposed regulations for compliance with the Federal Telecommunications Act (1996), the Federal Communications Commission Rules (1997), and Washington State Legislation (RCW 43.21C.0384). The proposed regulations would further restrict the placement of cellular antennas in single family neighborhoods; however, they would not prohibit, or have the effect of prohibiting, cellular antenna where a significant gap in service is demonstrated.

8) Is this type of restriction in single family neighborhoods unique?
No, the proposed regulatory approach is consistent with regulatory approaches taken by other jurisdictions across the country. In the northwest, the City has reviewed regulations applicable in Washington (Bellevue, Redmond, Kirkland, Medina, Tacoma, Olympia, and Bellingham) as well as Portland, Oregon, and consistently found that locating cellular antenna in Single Family zones is the last option, if an option at all.

9) How does the proposal affect the existing applications?
The proposed regulations would not be retroactive; therefore, existing applications will not be affected by the proposal. Such applications will still be required to meet current standards for mitigating impacts, including visual impacts. It is possible that a number of current applications will be denied based on those standards, primarily those applications that propose to attach cellular antennas to City Light poles.

10) What is the status of the Mayor's proposal?
The Mayor transmitted the proposed legislation package to City Council in late May, 2003. An environmental review of this proposal was conducted. DCLU issued a Determination of Non-Significance (DNS) for environmental impacts on May 29, 2003. The deadline to appeal this decision to the City's Hearing Examiner is June 19, 2003. The City Council must hold public hearings on the Mayor's proposal. Comments on the Mayor's proposal may be sent to the City Council at jill.berkey@seattle.gov or:
Councilmember Judy Nicastro, Chair
Seattle City Council Land Use Committee
1100 Municipal Building
600 Fourth Avenue
Seattle, WA 98104

If you have further questions about the proposed regulations, or to receive an electronic copy of the proposal, please contact J. Roque Deherrera at 206.615.0743 or roque.deherrera@seattle.gov.

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