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Court sides with T-Mobile in Cranston cell tower dispute

01:00 AM EST on Thursday, November 12, 2009

By Randal Edgar

Journal Staff Writer

CRANSTON — In the battle over the latest proposed cell tower to meet resistance from the locals, the U.S. Court of Appeals is siding with T-Mobile.

The Washington state-based company prevailed against the city on Nov. 3, winning a case that went to court after the Zoning Board rejected plans for a tower on the grounds of Solid Rock Church, on Phenix Avenue.

T-Mobile says the tower is needed because Phenix Avenue is a busy area that has poor coverage, but the Zoning Board rejected the company’s plan in 2006, without providing a written explanation.

The company appealed to U.S. District Court, where it prevailed, prompting a challenge from the city to the 1st Circuit Court of Appeals.

In its 32-page ruling, the appeals court sided with T-Mobile, agreeing that the company has a coverage gap on Phenix Avenue and cannot correct the problem by connecting antennas to an existing structure.

With the case won, T-Mobile will move forward with plans for a 90-foot tower that will be disguised as a flagpole, said Jane Builder, a company spokeswoman.

“We’re delighted about the First Circuit’s opinion, really delighted,” Builder said. “The First Circuit ruled in our favor, which was the right thing to do, and we’re looking forward to building this facility and providing enhanced service to all our customers in Cranston.”

The city has no plans to pursue the matter to the U.S. Supreme Court.

“There is no guarantee that we would even be heard in the Supreme Court,” said Robin Muksian-Schutt, director of administration for Mayor Allan W. Fung. “Nor is it in the city’s best interest to try to even take it to that level when we’ve already had a very clear decision.”

According to the ruling, T-Mobile looked at several options after determining in 2003 that its coverage in the Phenix Avenue area does not meet the company goal of 95-percent call reliability. After ruling out other cell towers and structures in the area, it approached the Cranston Country Club, offering up to $2,000 per month for an easement to run lines and connect to the club’s utility pole. The club rejected the idea.

The company then approached the church, offering $1,500 per month, according to the ruling.

At 90 feet, the pole will be about three times the height of a typical two-story house.

redgar@projo.com

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