Yavapai4SafeTech and Local Residents Stop an AT&T Cell Tower in Prescott, AZ

By Deb Miller, Yavapai4SafeTech

January 20, 2024

In Prescott AZ, starting in October 2023, there was an initial Special Use Permit (SUP)  application for a 100ft cell tower proposed for a state-owned parcel called Indian Hill. It would affect a residential area that is densely populated and well established for decades. The proposed tower required an SUP to go from the zoned 35ft to 100ft (later changed to 80ft) height. If approved, based on Federal law, later on AT&T could add up to 20ft to the tower, with no further SUP approval.

There were three (3) hearings at the Planning & Zoning Commission (P&ZC) level in October, November, and December. We held in-person and Zoom meetings, to educate and prepare everyone. Many Prescott residents were aware of the serious health dangers of EMFs and cell towers, but came to realize that “health” would not be a viable legal defense and could potentially “tank” the case. Many submitted letters and online comments and spoke at the hearings.

We hired and consulted with Andrew Campanelli, going into high gear with a necessarily quick and successful fundraising effort to do so. We submitted his “Full Memo” with “Full Exhibits” which highlighted the legal areas where we had recourse, residents’ letters and photos, and real estate professional letters. Then we studied it in depth!

Our SUP zoning code includes that any height increase should be “harmonious with the character of the surrounding area” and “there will be no significant negative impact upon residents or the public.” Testimony by the public IS sufficient to establish this. For the impact on property values, letters from local real estate professionals IS sufficient, and we also referenced past letters from our County Appraiser. One resident shared a very powerful past experience with selling their home for 25% less than the previously appraised value (a $150,000 loss!) after a cell tower went in close by. Our Land Development Code had other criteria which we referenced.

Initially AT&T’s key argument was that the tower would expand FirstNet coverage, providing necessary First Responder service. How could anyone deny this – it was a major pull on our heart strings and empathy for community safety. We showed that Prescott had NOT opted into FirstNet, and therefore would not benefit. They withdrew their false strategy. There were several times when the presentations included other incorrect information, and we corrected it.

The applicant had to prove there is a “significant gap in service” and the proposed tower will provide the “least intrusive means” to remedy this. They said, “No other site could possibly be better” which was only their conclusion NOT an analysis. They never provided alternative site analyses when asked many times. They had numerous disclaimers regarding their propagation maps. They provided ZERO proof that the original 100ft was the “least intrusive” and ZERO proof that the 80ft was, as well. They presented photos from three (3) locations that were not representative of the actual homes/neighborhoods that would be impacted adversely; those photo sims are “inherently defective and should be disregarded.” We presented realistic photos. They never presented the proof this is the best site and the best height.

We kept persevering, submitting FOIA (Freedom of Information Act) requests, researching many legal aspects, sending letters and speaking at the hearings. Many local people contributed with kind words and support and prayer. For many of us, this was way out of our comfort zones and the first time we had done anything remotely like this. It was a first for many to attend hearings, to submit letters, to speak publicly! Kudos to all who stepped forward. We really banded together!

Finally at the third hearing in December 2023, the P&ZC voted 4 -2 to recommend approval of the tower installation. We were dismayed – how could they, based on all the applicant had NOT provided, and ALL that we had shown. Next the City Council would vote on the application. The vote was quickly scheduled for the NEXT City Council voting session on January 9, 2024. Happy Holidays everyone! This was very discouraging.

We submitted more letters, spoke one-on-one with some of the City Council members, and had some reassurance that at least some on the Council were aligned with us. At the Council session, we coordinated to ensure that those who spoke would address the key points. Those presentations (3-4 min each) were STELLAR! Each one made their points clearly and firmly. It was heartening to hear many of the City Council members speak, mirroring many of our talking points. Later one Council member commented how grateful they were for all the research, materials, comments, that made their job so much easier! They had to slog through all that material, but did not have to research on their own. Yes!

Typically City Council accepts the P&ZC recommendation, but this time they did not. The Council voted 6-1 to deny the application. In many ways, it was NOT a denial of cell phone service, it was a denial of an incomplete application with glaring omissions.

It was a great win! Our voices were definitely heard!

And there’s more work to do, as there will be other tower applications. We’re focusing on more involvement with our City Council, with our Yavapai County Board of Supervisors, and aiming for a comprehensive Protective Ordinance to be implemented.

Onward to Success!

Yavapai4SafeTech has a Rumble channel, and a Square account for donations.

Feel free to contact Yavapai4SafeTech@gmail.com or call 928-235-8321 for more information.