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Utility Poles in the Spotlight

Utility poles aren’t often the topic of conversation at town meetings, but that is starting to change. At recent Board of Selectmen (BOS) meetings, members have been listening to concerns surrounding the installation of small cell antenna units on utility poles in town, a debate that has popped up in municipalities across the state and has now made its way to Guilford.

Guilford In-House Counsel Pam Millman explained that the town had received correspondence notifying it that Cellco, which does business as Verizon, hopes to attach small wireless canisters and antennas on an existing utility pole in town located on the south side of the Town Green.

According to Millman, companies have been approaching utility pole owners around the state looking to attach this equipment to improve cell and data coverage. Because this equipment is considered an attachment and not a cell tower, the state regulations are complicated, according to Millman.

“This is a hot-button issue in the state right now,” she said. “Over a year ago, a company approached several towns trying to put 120-foot cement poles in the public right-of-way and bypassing the Sitting Council, which is the state body that oversees cell tower locations.”

Millman said municipalities were alarmed and the Connecticut Conference of Municipalities (CCM) hired an attorney, Burt Cohen, to argue on behalf of the towns. Recent legal proceedings ensured that towns now do have some rights when these proposals appear, such as a 30-day period during which the town has the ability to object and some flexibility as to which pole is considered.

Millman said now, rather than build a 120-foot cement structure, the company is considering what could be a nine-foot addition on one of the poles on the Guilford Green. Millman said the state won’t consider town objections based on aesthetic reasons; objections based on historic preservation may not be a viable option, either, based on her conversation with Cohen.

“We are very sensitive to it being located on the Town Green,” she said. “It was [Cohen’s] opinion that at first he thought we might have a legitimate objection because it is in a historical area of town. He did a little research on that and did not think that the law favored us in being able to avoid having the installation, but he recommends that basically he would write a letter on his letterhead and suggest that the representative meet with the town and [First Selectman] Matt [Hoey] and discuss possibly moving it off the green.”

Millman said it is important to set the right tone with this first small cell proposal because it likely won’t be the last.

“You should note there are other companies out there doing this, too, and you can’t say ‘Yes’ to one and ‘No’ to the other,” she said. “The big picture is multiple installations on a pole is a possibility.”

The BOS agreed it was important to respond with an objection and try and come up with other locations for the pole attachment and remain vigilant about this issue. Hoey said this is something town officials and legal representation are keeping an eye on.

“My assumption is this is going to be an issue in communities all around the state, which is why CCM has engaged a lawyer,” he said. “I am not sure if this has risen to the level of legislative attention, but I will certainly bring it to the attention of State Representative Sean Scanlon [D-98], State Senator Ted Kennedy Jr. [D-12], and State Representative Vincent Candelora [R-86] to see if it is on their radar screen or anyone else’s state-wide.”