5G Firm Protests Western Springs Rules

WESTERN SPRINGS, IL – A company this month warned Western Springs it may challenge its regulations for the installation of a 5G antenna.

The village, however, contends its rules comply with both state and federal laws.

In June, Houston-based Crown Castle submitted an application for a 5G wireless antenna on a utility pole at the southeast corner of Lawn Avenue and 53rd Street. The firm is working on behalf of Verizon Wireless.

The village in July asked Crown Castle to fix what officials considered deficiencies in the company's application for the antenna.

In its response earlier this month, the company said it amended its application in the spirit of good faith.

"Crown Castle, however, reserves all rights to challenge the legality of any and all provisions required by the Village's small cell application process and design requirements," Maureen Whitfield, the firm's director of network permitting, said in a Sept. 9 letter. "This supplement should not be considered a waiver in all future claims or arguments."

To drive home her point, after every response to a village argument, Whitfield concluded with the statement, "Crown Castle reserves all rights."

She said Crown Castle is within its rights to legally object to the village's rules, either because state law does not expressly permit them or they are applied on a discriminatory basis.

The company objected to even smaller requirements, such as the one asking 5G companies to divulge who they are working for. Crown Castle said its customer was Verizon in this case. But it argued state law does not expressly permit the village to seek such information.

The village has said it holds the power to regulate the placement of antennas based on aesthetic considerations, but cannot take into account health and property values in its decisions.

The Village Board enacted strict rules in response to local concerns. Residents contend the equipment would hurt their health and the town's appearance.

The village has posted Crown Castle's letter on its website.

In a statement to Patch, Crown Castle said, "Crown Castle aims to bring connectivity solutions to every community in which we operate. Our proposed small cell installations across the villages of Hinsdale, Clarendon Hills, and Western Springs will provide more coverage and capacity, which means more reliable cell phone coverage, faster downloads, and better connectivity. We have submitted applications and provided a preliminary map of small cell node locations to the villages. We look forward to working with the municipalities to design mutually acceptable small cells that comply with state law and local regulations."