Amid lawsuit, bill introduced on 5G FCC regulations

BELMAR — With tensions rising over Verizon’s plan to install 20, 30-foot 5G cell towers along Ocean Avenue in Belmar, U.S. Rep. Christopher Smith (R) has introduced legislation that could potentially help empower local residents who would be impacted by the installation of the towers.

The new legislation would nullify two administrative regulations issued by the Federal Communications Commission (FCC) in 2018 that imposed “shot clocks” that limit the input of town and county governments regarding construction of the infrastructure needed to advance 5G wireless.

According to a press release issued last Friday, HR 8082 could “rein in the power of telecommunication giants to fast track their rollout of 5G wireless, steamrolling community opposition in the process.”

“My legislation will repeal these harmful regulations that have been exploited by providers to limit county and municipal governments — and blatantly disregard reasonable concerns of local citizens,” Rep. Smith stated in a release. “HR 8082 will restore the critical role that residents should play when considering the health, safety and aesthetic of their community.”

The newly introduced legislation comes amid a growing legal battle being launched by Verizon, which is in the process of suing Monmouth County for the right to erect the 20 cell towers along the boardwalk on Ocean Avenue in Belmar.

The proposed project to install the cell towers was first presented by Verizon during a Belmar council meeting via Zoom in August 2020, during the pandemic, and was met with resistance by that administration.

Verizon then filed an application in January 2021 seeking to begin the project, and it sued the borough later that year. As it became clear that the litigation from Verizon would succeed, the borough agreed to a settlement in August 2022 that would enable the project to proceed.

The settlement agreement was then discussed again by borough administration in April 2023 and was met with active pushback from residents, who voiced concerns against the proposed construction.

The first town meeting regarding the situation was held the following month, when opposition against the impending cell tower construction grew to gain the support of government officials on local, county and state levels.

At the May 8, 2023 town hall meeting, residents were told that Verizon’s litigation against Belmar had incorrectly attributed the proposed construction site as Belmar’s property rather than the county’s right-of-way. The county received an application from the telecommunications company for the construction the very next morning.

That application was ultimately rejected and was later responded to with Verizon’s current lawsuit against the county, filed on Sept. 7, 2023.

The lawsuit alleges that the county failed to abide by the 90-day “shot clock” time restriction to take required action on its submitted Coast Area Facilities Review Act (CAFRA) application from May 10, 2023, claiming that the county incorrectly addressed the application and, therefore, did not take any action regarding the application’s ending time restriction.

The suit also mentions the Borough of Belmar and Councilwoman Caitlin Donovan for their opposing efforts against the tower construction as background information.

Last month, a group of private Belmar residents successfully filed a motion to intervene in the lawsuit between Verizon and Monmouth County, citing concerns over the potential aesthetic, environment and wildlife impacts, as well as potentially negatively impacting their property values.

“The implementation of 5G can help our economy and telecommunications networks, but it cannot and should not be done at the expense of valued local input or under unreasonable time restraints,” Rep. Smith noted. “There can and should be a balance between the concerns and needs of the local community and the desires of providers of utility and telecommunication services.”

This past August, the day before the borough’s second town hall meeting regarding the situation, Rep. Smith wrote a letter of opposition to Verizon in support of Belmar, urging the telecommunications company to “heed the extensive concerns of the local community and rescind its plan to install 20 5G towers in Belmar,” the press release stated.

“[Rep.] Smith penned the letter as Verizon’s push to install the 5G towers in Belmar entered a new phase with the telecommunications corporation turning its sights to the County of Monmouth — the lawful owner of the boardwalk property — after wrongfully suing the Borough of Belmar for access to the land,” the release stated.

“American democracy is supposed to be about the consent of the governed,” stated Rep. Smith. “Clearly, there is no consent here and we again implore Verizon to work with the correct authority — i.e. the County — to reexamine the substantial objections raised by members of the local community and respond with transparency and consideration for Belmar residents, Belmar’s tourism, and those of the other shore municipalities along the coast of NJ.”

TOWN HALL MEETING

The new bill from Rep. Smith was announced by Jessica Rohr, director of public affairs and outreach at the congressman’s office, during Belmar’s third town hall meeting held at Taylor Pavilion on Thursday, April 18.

“We’re going to work as hard as we can,” she said. “We’re going to support the county in their lawsuit and we’re hoping that we fight strong and we win, because we deserve to win…[Rep. Smith] is here to fight for you guys.”

Nearly 200 residents from the borough and nearby neighborhoods rallied together last Thursday for updates from both local and county officials about the ongoing efforts against the proposed cell tower construction. All available seats in Taylor Pavilion were quickly filled and the overflow of participants stood to listen to the update.

The town meeting was hosted by Councilwoman Donovan, who organized and led the first informational cell tower meeting at Taylor Pavilion in May 2023 as a resident at that time, and by Councilwoman Jodi Kinney, who was the first member of borough council to volunteer as a correspondent for residents when cell tower concerns first gained traction in April 2023.

“This started in Belmar but it’s not ending in Belmar,” Councilwoman Donovan said. “It is so important that everyone in this room understands that this issue goes beyond Belmar, and that is why so many people are paying attention.”

“This issue is not over — it seemed a little bleak there, but we feel now that we have residents who have actually stepped up who really want to make the change on a different level that we are in this fight still,” Councilwoman Kinney said.

Also present at the town hall meeting were Monmouth County Commissioner Director Thomas A. Arnone, Commissioner Dominick DiRocco and Monmouth County Attorney Michael Fitzgerald. Officials from Avon-By-The-Sea, Bradley Beach, Point Pleasant Beach, Sea Girt, Spring Lake (more_cs_sl) and Spring Lake Heights also attended the town hall meeting to show their support.

“Monmouth County has the resources — we’re a big county, we have the ability to help our partners, which are the towns,” Commissioner Director Arnone said. “This was one time — not just Belmar, now Spring Lake could see this, Avon could see this — that they need the help, so we took on the fight with Verizon.”

“Make no mistake about it — Verizon picked a fight with someone they really thought would just go away…pick on somebody small. They didn’t count on these guys fighting back,” Fitzgerald said. “I think they really thought it was going to be a slam dunk [and then] go right down the coast, and that’s why you’re all here…I think that Verizon did not count on us being ready and I don’t think Verizon counted on a fight.”

“We’re in this to the end,” Commissioner Director Arnone said. “What’s going to happen at the end? It’s Verizon, we don’t know, but at the end of the day…we’re not backing down. It’s something that’s important to Belmar, important to the shore.”

Additionally, Scott McCollough, the lawyer representing the residential intervenors in the litigation, was able to travel from Austin, Texas to join in the night’s meeting and provide additional information regarding the litigation.

McCollough, who has successfully fought FCC regulations in the past, discussed the FCC’s regulations and standards, as well as the health and environmental implications from radiofrequency (RF) radiation.

McCollough reported that “there are studies showing that maybe 30 percent of the population of people actually have an adverse response to this stuff (and) .65 percent get so sick that they cannot engage in normal life function, in other words, they’re disabled. That’s what this stuff does to you.”

He also discussed safety concerns with the proposed towers’ electrical and structural design and reported on environmental concerns, citing adverse responses in wildlife due to RF exposure and harmful effects on endangered wildlife.

“(When you) meaningfully look at the science, it is compelling — this stuff is dangerous to all living things and these standards must be changed,” McCollough said.

He encouraged the crowd to continue to actively advocate the issue to their neighbors and elected officials, as well as continuing to educate others on the situation.

SETTLEMENT HEARING

A legal hearing and settlement conference before the judge in Camden was scheduled for the following day, April 19, to bring the case to a settlement or proceed to trial, which could happen sometime in 2025.

“We will negotiate,” McCollough said at the town hall meeting. “We will exchange information in a confidential way…but it may well be that we can make the case easier, sharpen the issues, get rid of some of the chaff, focus on the wheat, save all the taxpayers around here a little bit of money and maybe focus towards resolution on the things that really matter.”

McCollough noted that the “really big issue here” is when the litigation reaches the New Jersey Department of Environmental Protection (NJDEP) and explained that the agency may be able to take environmental effects into consideration, unlike county and municipal authorities.

“One of the prime roles that we have is to make sure that nothing that happens in this case ties the hands or binds the NJDEP,” he said.

He also told the gathered crowd that the negotiations would also discuss potential relocation of the proposed poles, asking “does it really belong” on the boardwalk and “what’s the least-worst place to put it?”

GET INVOLVED

At Thursday’s town hall meeting, Councilwoman Donovan reported that the Change.org petition from the community’s starting efforts against the telecommunications company has been seen by 56,000 people, shared 1,200 times and garnered 4,000 signatures “which is more than we have registered voters in Belmar.”

The online petition can be found at change.org/StopVerizonInBelmar. More information can also be found on the Facebook group “Belmar Against 5G Towers.”

A link to donate towards the legal effort from the intervenors is also available through Children’s Health Defense, found at childrenshealthdefense.org/about-us/5g-towers-are-a-threat-to-the-environment.

Further documents pertaining to the borough’s history with Verizon regarding the proposed tower project can be found under the Verizon Project tab on the eCode website, which can be found by going to belmar.com, selecting Meeting Agendas & Minutes, then Mayor & Council.

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