Canyon Area Residents for the Environment Deb Carney

Canyon Area Residents for the Environment Deb Carney Attorney for C. A. R. E. 21789 Cabrini Blvd July 1, 2003 1

CANYON AREA RESIDENTS FOR THE ENVIRONMENT Umbrella group for Jeffco HOAs in Jeffco Central Mountains • 9, 000 people • 25 HOA speaker authorizations – Each signed by 2 Board members of HOAs for CARE speakers 2

3, 300 Signatures on Petition “We oppose the rezoning application for a broadcast tower on Lookout Mountain filed by Lake Cedar Group Corporation and petition Jefferson County to deny the proposal. ” Over 3, 300 Signatures to Date 2002 -2003 Petition 3

CARE Facts vs LCG Illusions Massive Proposal Visual Improvement Nonconforming must Can use towers for digital be eliminated Incompatible Compatible Widespread radiation Overall radiation reduced increased Health Risk No Health Risk 4

VISUAL REALITY Much Different than LCG simulation 5

Current Channel 4 Tower 5 ft Wide 6

New Proposed SUPER Tower 10 ft Wide Heavier Guy Wires 3 to 4. 5” Thick 5 ft Wide 7

New SUPER Tower at Full Limits 27 ft . 10 ft 5 ft 13 ft Total width can be ~27. 3 feet, 8

LCG Must Carry Burden of Proof 100% Burden of Proof on Lake Cedar Group • Changed circumstances since original zoning • must show proposal in best interest of Health, Safety and Welfare • Compliance with zoning resolution 9

LCG CAN’T PROVE CIRCUMSTANCES NOW WARRANT CHANGE FROM PRESENT ZONING 50 YEAR HISTORY residential and agricultural zoning 10

INCOMPATIBLITY Zoning Resolution Requires Compatiblity 17. C. 3. c. 17 F. 2. a (1) with existing and allowable land uses in the surrounding area 11

LOOKOUT TOWERS INCOMPATIBLE IN 4 BCC ZONING DENIALS • 1983 “not compatible with allowable or existing land uses. ” Ex. 56 • 1985 “not compatible with allowable and existing land uses in the surrounding area. ” Ex. 57 • 1990 “not compatible with allowable land uses in the surrounding area in all directions” Ex. 59 • 1999 “incompatible with residential uses in the surrounding area. ” LCG rezoning denial Ex. 63 12

FOUR PREVIOUS DENIALS For Tower at this site! 1. Mountain Contours KTVJ Proposed tower denied Exhibit 56 2. Mountain Contours KTVJ Proposed tower denied 1983 1985 Exhibit 57 3. Mountain Contours KTVJ Proposed tower denied Exhibit 58 1990 4. Lake Cedar Group 1999 Proposed tower denied Exhibit 63 13

6 th Attempt by Mountain Contours/Ch. 20 Owner 14

MORE INCOMPATIBLE THAN EVER BEFORE More Residents/Businesses Now Ex. 24 & Jeffco Assessor Data Greater adverse effects (interference/health) Ex. 7 -11, 25 -47, 53, 70 -79, 87 -89, 90, 92, 107 -126 Zoned Residential/Agricultural for 5 decades 20 Year History of Tower Denials on Lookout 15

1999 Denial of LCG-Still Valid • Incompatible with residential uses • Central Mountains Community Plan (CMCP) • Violates visual resources, public services and mountain site design criteria (aesthetics) • Does not contain sufficient set backs (tower fall issue) • Violates Telecommunications Land Use Plan (TLUP) policies on tower siting • No showing that an alternative site is unavailable • Not in the best interests of the health, safety, and welfare Exhibit 63 16

LCG Cannot Use Nonconforming Towers for Digital Obsolete Analog Antennas Cannot Be Replaced with Digital Antennas 17

NONCONFORMING LCG Towers/Buildings in MR 1 All LCG Lookout towers/buildings • Channel 4 -nonconforming in residential • Channel 7 -nonconforming in residential • Channel 9 -nonconforming in residential Plus illegal radar tower in residential Ex. 65 45 out of 47 Lookout towers nonconforming Ex. 54 18

Nonconforming Broadcast Towers, Antennas & Facilities Jeffco Phase Out • 1977 -Citizens rely on Jeffco promise that these towers were temporary Ex. 52 • 1985 -TLUP Details Burdens of Interference, Visual & Health Ex. 23 • 1990 -Jeffco Plan -phase out all nonconforming Ex. 54 • 1999 -LCG to FCC & Jeffco “Lookout towers being phased out” Ex. 64, 65 19

LCG to Judge ‘LCG Cannot Add Digital’ "due to restrictions imposed by the County through its legal nonconforming use provisions in the Zoning Resolution, the Lake Cedar members were essentially prohibited from attempting to add an additional DTV antenna to their existing towers. ” LCG v Jeffco-Dist Ct. Case No. 99 CV 2007 Ex. 64 20

LCG to FCC ‘Zoning Prohibits Addition of Digital to Existing Towers’ “…provisions of Section 6…. prohibit Broadcasters from adding a digital television antenna to their respective existing broadcast towers in the Lookout Mountain Antenna Farm…. ” 1999 LCG Preemption Petition to FCC Exhibit 65 21

LCG lost all attempts to add digital to Lookout towers • Channel 4 – January 27, 2000 application • add digital antenna to nonconforming South Microwave tower • Channel 9 -attempt to add digital to Channel 9 radar tower • Tower illegal-Channel 9 agrees to remove radar 22

"the law in Colorado strongly disfavors legal nonconforming uses and encourages their elimination at the earliest possible time. " Tim Cox, Assistant Jefferson County Attorney Answer Brief Oct. 2001 in Channel 4 lawsuit over denial of digital permit Group W/CBS Television Stations Partners v BOA 01 -CV-0898 23

Colorado Supreme Court 2001 Nonconforming uses must be brought into conformity with the underlying zoning uses as rapidly as possible. Fire House Car Wash v Board of Adjustment and City of Denver 30 P. 3 d 762, 766 (2001); Hartley v. City of Colorado Springs, 764 P. 2 d 1216 (Colo. 1988). 24

Nonconforming uses hurt Residents: 1. Effectiveness of zoning ordinances reduced 2. Property values depressed 3. Contribute to urban blight. Fire House Car Wash v Board of Adjustment and City of Denver 30 P. 3 d 762, 766 (2001); Hartley v. City of Colorado Springs, 764 P. 2 d 1216 (Colo. 1988). 25

Zoning Administrator “Digital TV and analog TV are not the same. Allowing a digital TV antenna to replace a nonconforming analog TV antenna would potentially extend the life of the nonconforming use in violation of criteria set forth in Section 6. ” Tim Carl Testimony, June 26, 02 02 -102616 VC 26

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LCG NONCOMPLIANCE ZONING RESOLUTION REQUIREMENTS TYPE Z. R. SECTION ALTERNATIVE SITES 17 F. 2. b. (1) COMPATIBILITY 17 F. 2. a (1) & 17 C. 3. c RADIATION SAFETY 2 L. 2. a & 17 F. 1. c. (4) TOWER FALL SET BACK 17 F. 2. b. (2) 28

Already 1 of Most Radiated Communities in U. S. 9, 000 residents “behind” Towers West of Denver same altitude as high powered TV/FM and radar power beams with decades of cumulative radiation from continuous exposure 29

LCG ADMITS Widespread RF Increases RF Increase Section LCG Ex. 17 CARE Ex. 80 30

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Visualizing the Radiation • Light Simulation of Radiation Pattern • Large Map – Base Map –Jeffco County Assessor Data – TLUP Finding on Effect of Towers on Property values – Clear Overlay-LCG directional antenna pattern • Can be rotated-Quite Zone Example – Radiation increase • Specific examples shown with factor of increase 32

ALTERNATIVE SITES EXIST 33

No Rezoning if Alternative Sites Exist Minimum standard of Rezoning Resolution Section 17 2 b. (1) & Tower Siting & Review Policy 1 b. TLUP The applicant must show that their proposed equipment cannot be accommodated and function…. on any other existing facility. 34

JEFFCO RF CONSULTANT ALTERNATIVE SITES WORK Lake Cedar Group cannot meet its 100% Burden of Proving that no alternative sites exist. 35

INTERFERENCE INCREASE 36

ECONOMIC HARM 37

TLUP FINDINGS ON PROPERTY VALUES The specific characteristics of Telecom facilities that seem to negatively impact property values are: a. Visual Impact b. Interference c. Concern over possible health effects • TLUP Property Value Finding # 3 Ex. 23 38

Violation of Property Rights of Thousands of Residents • 10% Loss of Property Value Ex. 20 -22 • Mitigation Costs Ex. 53 • Imposition of Nuisance – Interference, noise – Health Concerns Loss of Legal Rights of Quiet Enjoyment & Peaceable Possession-Radiation without consent 39

HEALTH RISKS 40

FCC & Engineers-Not qualified to practice medicine or give opinions on health effects 41

FCC Radiation Limits Not Protective for Long-term Exposure Physicians, Scientists, & EPA Ex. 9, 70 -79, 107, 116, 120, 121, 128, 129 Dr. Hoffman -Colo. Dept of Health – FCC Limit only protects against short-term exposure – Community experiences long-term exposure • recommended ALARA (as low as reasonably achievable rather than FCC standard Ex. 8 , 9 & 71 42

University of Colorado Health Sciences Department of Radiation Oncology Public Testimony in Jefferson County Hearings We know of no other instance where a device, chemical or drug. . . would be imposed on the public without proof of its safety. “Without proper scientific data, we consider it unconscionable to expose the people of Jefferson County to these levels of radiation. ” 43

Biological Effects to Humans Near TV/FM Towers at 5% MPE or Lower SAGE REPORTBroadcast RF Studies Reporting Biological Effects & Adverse Health Effects at levels below FCC Standards Ex. 107 Changes in Immune Function Infertility in men Inability to reproduce-mice 44

Study on Effect of Broadcast Radiation on Lookout Mountain Residents $700, 000 National Institute of Health Study June 03 Letter from Dr. Reif Ex. 90 • 1999 -LCG opposed Rep. Witwer 99 Research Bill 45

Health Threats Physicians & Scientists Video • Dr. Ross Wilkins, M. D. – Orthopeadic Oncologist • Dr. Goldsmith, M. D. – Epidemiologist • Dr. Litovitz – Physicist – Bioelectromagnetics 46

Dr. Ross Wilkins-Orthopaedic Oncologist – President of Musculoskeletal Tumor Society – Medical Director • Donor Alliance • Institute for Limb Preservation – Published papers molecular/cellular/developmental biology – Book chapters re: cancer diagnosis/ treatment Ex. 105 47

Dr. Goldsmith, M. D. M. P. H. Epidemiologist • TV Broadcast Towers and Cancer: The End of Innocence for Radiofrequency Exposures – American Journal of Industrial Medicine Ex. 112 • Epidemiological Evidence of Radiofrequency Radiation (Microwave) Effects on Health in Military, Broadcasting, and Occupational Studies – International Journal of Occupational & Environmental Health Ex. 111 48

Dr. Litovitz-Physicist • Director of Bio. Electromagnetics Laboratory – Catholic University of America • Chronic Electromagnetic Field Exposure Decreases HSP 70 Levels and Lowers Cytoprotection. Ex. 118 – Journal of Cellular Biochemistry 84: 447 -454 (2002) • Presentation at Congressional Staff Briefing Ex. 117 49

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PREEMPTION THREAT • Tremendous support for Jeffco last time • Legislation forbidding preemption sponsored by Rep. Tancredo & Vermont – July 01 Congressional Staff Briefing-Dr. Litovitz & Deb Carney – 9/11 Interrupted – Reintroduction planned • Support by National League of Cities-Ex. 91 51