2nd cell tower approved
Settling a dispute over whether a cell tower can be built near another, county commissioners Monday granted a permit for one to be constructed, but with conditions.
Developer Harmoni Towers of Little Rock, Arkansas, wanted to build the tower on property owned by a partnership of Marion grocers Greg and Mitch Carlson and lease it to AT&T for 20 years.
AT&T now rents space on an adjacent tower owned by SBA Communications of Boca Raton, Florida.
SBA contends that a new state law removing restrictions on nearby tower locations does not apply to towers on private property and that a new tower isn’t needed because SBA never failed to accommodate AT&T and has not increased its rates beyond what were agreed to 13 years ago.
Conditions set by commissioners include:
The cell tower must be removed if it is unused for 12 months and any interference or obstruction of existing towers would be Harmoni’s responsibility to resolve.
Commissioners first considered whether to grant a permit Dec. 20 for the tower, but contention between the two cell tower companies led to the discussion being postponed until county counselor Brad Jantz could review laws.
Jantz reported to commissioners Monday that he found no flaw with recommendations from the county’s planning and zoning commission that the permit be granted.