Danville

In Danville, telecoms are forcing a rapid rollout of 4G/5G densification over the vocal opposition of the public and the negligence of the Town Council.

The Town of Danville’s original wireless ordinance specified a 125' setback from residences. Subsequently, the Danville Planning Commission approved a permit for a Verizon small cell facility that only had a 50' setback, in violation of their own ordinance. A group of residents, the Danville Citizens for Responsible Growth (DCRG), appealed and won, saving elderly homeowners from a cell tower next to their home that they’ve lived in for forty years. One month later (April 2019), Verizon sued the Town of Danville, claiming that the Town Council "effectively prohibited their service."

In response to the lawsuit, the Danville Town Council rewrote their wireless ordinance that reduced the setback from 125’ to require only a 50' setback from residences (perhaps to entice Verizon to settle?). In addition, they removed public hearings and implemented ministerial approvals. They also prohibited small cells in the downtown business district, only allowing residential locations for small cell deployments. Most of these intrusions on residents’ health and safety came from the suggestions of Telecom Law Firm, which has been deemed as pro-industry by citizens of many other cities. These ordinances were readily adopted by the council. 

This is what happens when city officials align themselves with telecoms rather than the public who they are tasked to represent. City officials in Danville are allowing telecoms to dictate their policy terms without any protections for the public, even though these protections are allowed. 

"They are operating out of fear, and other cities will follow suit if this continues to happen. Verizon is making an example out of our neighbors in Danville. My concern is that if Verizon wins this lawsuit, it sets a precedent that affects all cities," states DCRG group leader Jami Tucker.

Jami Tucker and Kirsten Muzinich lead the DCRG group. and  joined the lawsuit  brought on by Verizon to the Town of Danville, hoping to “defend” Danville because they were concerned that the Town officials would roll over for Verizon.  Unfortunately, the hearing, which took place December 6, 2019,  was unsuccessful for the Town of Danville . Verizon not only won, but the Town has relented even further to Big Telecom allowing their wireless code to be completely void of any protections.