But carriers still have quirks that impact tower design. Public concern about the health issues of exposure to air waves is growing, despite inconclusive scientific studies on actual radioactive risk. Even so, the Federal Communications Commission has enacted new rules that set tower radiation levels and require monitoring. Concerns about aesthetics are also emerging as an issue among communities who are fighting towers. The firms then filed suit under the Telecommunications Act of 1996, which allows them to challenge such rejections in federal court.
Sources say the upscale town was concerned about the tall tower's impact on real estate values.
While an appeal from the carriers is still uncertain, the case is noteworthy because it is one of the few to reject tower construction. The trend is prompting more communities to specifically address towers in local zoning rules. Va.-based Teligent Inc. are challenging entrenched Baby Bells, with overseas investors as their deep pockets. The FCC expects the ABC, NBC, CBS and Fox networks to broadcast digitally in the nation's top 10 markets by next May, and in the top 30 markets by November 1999. Observers say the transformation to digital tv could cost billions, in retrofitting existing towers and building and equipping new ones.