HistoricOmaha

Omaha World Herald
Published September 15, 2006

BY MAHALIA ASANAENYI

News that a federal judge opened the way for a 75-foot cell tower to be built in their neighborhood stung Metcalfe Park residents.

“I am appalled,” said Jo Bartikoski, a resident at 53rd and Seward Streets.

Bartikoski worries that she might have a hard time selling her house and that signals from the tower could lead to health problems for those living near it.

U.S. District Judge Lyle Strom ruled Thursday that there is no proof that a tower adversely affects health and property values. Strom ordered the city to issue a permit within 10 days to allow U.S. Cellular to proceed with its tower.

The case centered on U.S. Cellular’s claim that the City of Omaha unfairly denied a permit to build a tower at Greater Bethlehem Temple Church, 1502 N. 52nd St.

In the end, the federal telecommunications law tipped the scales in the company’s favor. Strom said U.S. Cellular proved a need and explored numerous locations, as required by federal law.

The company’s final application for the tower won the Planning Department’s approval but was rejected by the Planning Board in February and the City Council in April.

Nearly 400 area residents had signed a petition opposing the tower, including Bartikoski and Beth White, who lives at 53rd and Seward Streets.

White said she hopes the city will appeal. The neighborhood needs Omaha to stand up for residents who have no other way to fight a big corporation, she said.

City Attorney Paul Kratz said the city would consider an appeal.

“This is a classic conflict over federal and local control,” he said.

Unfortunately, he said, federal law in this case trumped the city’s objections and existing guidelines and code.

U.S. Cellular attorney Harvey Cooper applauded the decision, saying the company is ready to move forward and fill a 1.8-mile gap in the company’s network area bounded by 60th Street, Saddle Creek Road, Dodge and Lake Streets.

“The whole purpose of (the law) is to provide competitive and quality coverage to all of our customers,” Cooper said.

The ruling, he said, gives the Omaha City Council a guide on where towers can be built.

Other cities have lost similar lawsuits. U.S. Cellular sued the Cities of Bellevue, Fremont and Valley. Both Fremont and Valley settled out of court. Cell towers were built in each case.

Omaha.com: Cell tower OK riles neighbors

Past Cell Tower Stories

1. Dundee Cell Tower Request Taken Under Advisement
2. Federal judge delays Omaha cell tower case
3. Cell company asks judge to allow tower
4. Council rejects cell phone tower
5. No Cell Phone Tower on 52nd Street
6. Neighbors on the move
7. We want the phones. Hold the towers