Scarsdale Mayor Addresses Distributed Antenna System, NextG Proposal

Comments from r at the April 10 Village Board of Trustees Meeting:

In response to several inquiries that I have received from residents, I'm reviewing the topic of Distributed Antenna Systems this evening: A single antenna, radiating at high power, is replaced by a group of low-power antennas providing wireless service to the same area. 

The Village received a request from an applicant, a Distributed Antenna Systems service provider, for the Village to amend the Village Code to permit the operation of DAS technology in the Village right-of-way. The service provider, in this case NextG, has received a certificate of convenience from the New York State Public Service Commission (PSC) recognizing NextG as a utility and granting them permission to locate their equipment in the right-of-way throughout the State, subject to municipal approval.

The denial of such cannot be arbitrary and capricious. The Village Board has requested that the Planning Board review the proposed zoning code amendment and provide a recommendation and feedback. 

The Planning Board will hold several work sessions to discuss this matter and we anticipate many technical and operational details will be discussed which may be of some interest to residents. The public is welcome to attend these work sessions. If you "subscribe to news" at our village website (Scarsdale.com) you will automatically receive an email notification of the work session dates and times. Follow the link and fill out the form to subscribe.

With regard to specific questions, the Federal Telecommunication Act of 1996 prohibits local governments from utilizing health related issues as a basis for denying a provider's application. The provider must meet the established FCC standards for emissions.

Additional standards cannot be imposed by our local municipalities. As this service is classified as a utility by the PSC, municipal approval must be obtained, and the application to install a wireless facility must be given due consideration. Failure to give an application due consideration could result in costly litigation and expose the Village to significant financial damages.

Again, the proposed zoning code amendment will be discussed by the Planning Board in great detail. We hope interested residents are planning to attend the work sessions.

I thank Justin Datino, Assistant Village Manager, for his assistance and vilgilance in this matter.