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Commission continues AT&T water‑tank wireless permit after expert testimony and large public turnout
Summary
The commission continued AT&T's planned wireless facility at a Mission Viejo water tank to Nov. 11 and required AT&T to fund an independent RF/propagation peer review and provide a written tolling agreement for the federal application 'shot clock' after extensive technical testimony and broad resident opposition.
Planning staff presented PDP2023‑002 on Sept. 9: a proposal to mount multiple AT&T antennas and associated ground equipment on a water tank in a residential area to close a local coverage gap. Staff described equipment (panel antennas, remote radio units and a screened equipment enclosure) and recommended approval subject to conditions including a post‑installation RF compliance report.
Dr. Gerald Bushberg, an RF health and safety expert retained by the applicant, reviewed decades of scientific literature, explained how public‑exposure limits are set and summarized modeling for the site. He said computer modeling shows a maximum of about 46% of the FCC public‑exposure standard at the water‑tank property and roughly 3% at the nearest property line under conservative, worst‑case assumptions. “The maximum exposure on the water tank property is about 50%, about 46% of the of the FCC public exposure standard,” he told the commission.
Residents and dozens of written commenters overwhelmingly opposed the site, citing health risks, proximity to an elementary school and concerns about property values. Several speakers referenced litigation and questions about FCC standards; one neighborhood resident summarized a 2021 federal legal challenge alleging the FCC had not adequately updated its exposure rules.
Commissioners pressed staff and the applicant on cumulative exposures from co‑located carriers, whether testing must be done by an independent expert, and what remedies exist if measured levels exceed permitted limits. City staff and the expert said the FCC preempts local authorities on setting exposure limits but that the city can require post‑installation testing, peer review and revocation proceedings if conditions are violated.
Given the volume of public concern and outstanding technical questions, the commission voted to continue PDP2023‑002 to Nov. 11, 2024 and imposed two conditions: AT&T must pay for an independent RF/propagation peer review acceptable to the city and must provide a written agreement tolling the federal application shot‑clock until the peer review is completed. The commission instructed staff to provide a short list of qualified independent RF firms to consider.
What’s next: AT&T will be asked to propose an independent RF reviewer and to confirm in writing that the application timeline (shot‑clock) is tolled. The item will return to the planning commission on Nov. 11 with the applicant’s peer‑review report and staff recommendations.
