The following is a statement Congresswoman McCarthy made concerning cellphone antennas in Mineola.
"Like my fellow residents of Mineola, I have concerns about the placement of additional cellphone antennas in the middle of our community. I have lived in Mineola my whole life, and I care about our home just as you do.
Let's begin by looking at the background of the telecommunications industry. The Telecommunications Act of 1996 was created to balance the needs of consumers who want clear, uninterrupted wireless service, and the need to maintain local zoning authority.
While the 1996 Act may have limited municipalities' zoning authority, it did not eliminate it. Under the law, service providers cannot put cellphone towers wherever they want. Although state and local governments must allow providers to fill gaps in service, they may reject an application to construct a wireless facility in an under-served area if all the conditions have not been met.
Under existing law, local municipalities, armed with the necessary expert opinion about the actual need for new towers to fill a service gap, the impact that any facility might have on aesthetics and property values, possible alternative sites, and the cumulative impact of these towers, can use the siting process in a way that benefits everyone. Given the current legislative agenda of Congress, I fear that amending the Telecommunications Act could not be done in time, if at all, to be of much benefit to the residents of Mineola. Therefore, it is only prudent that we explore other options.
It is completely within the rights of the Village of Mineola to require that applications demonstrate no significant negative impact on aesthetics and property values. Furthermore, the village has the right to require that the proposals it accepts are the least intrusive means for providing wireless services. Viable alternatives that would reduce adverse effects on the community, while still providing acceptable coverage, must be given the highest consideration. In other words, can the service gap be filled by less intrusive means?
In light of the fact that different providers could soon expand in the confined areas, Mineola must also consider the whole impact these future applications have on our community. I recognize the importance of this issue in our community and am committed to working with Mineola leaders to resolve it in a satisfactory manner.