Naples’ small cell towers: Do we have all the information?

By Staff | on June 08, 2023

Verizon has installed one of its small 5G towers — 35- feet tall — at the entrance to the Naples pier. A revived plan envisions the installation of more dedicated small towers throughout Naples, with 14 more towers already approved or pending. COURTESY JULIE AND BOB KALUSTIAN

The cell phone has revolutionized communication over the past several years, and the cries for a faster, more efficient network has increased dramatically. Cell phone coverage and data transfer speeds in Naples — as is true in other locales — can be spotty, causing frustration for customers.

Verizon has taken the step to address the issue in the City of Naples, with a network (5G) that requires a system of cell towers installed throughout Naples. The new plan envisions dozens of small towers throughout the town, rather than a few large ones, with potentially many more to complete an effective communications grid. Verizon claims the multiple 5G towers will ultimately improve their customer's phone and data performance. From a community perspective, however, the plan poses two major challenges: the risk to aesthetics of the town, people's yards and businesses, and concerns about the increased level of RF radiation and its potential health risks for residents.

Cell phones communicate from tower to tower through RF radiation, with energy in the electromagnetic spectrum up to and beyond microwaves. The 5G, introduced in 2018, is the current generation of the 2, 3, and 4G technologies and was designed to allow the transmission of larger amounts of data needed for things like modern "smart" devices.

The 5G network uses low power, short-range waves that are relayed from a central location via small antennas, referred to as "small cell towers" (35- feet tall), with equipment mounted on a black pole that holds a box about 25 feet above ground. For this system to work most effectively, hundreds of small cell towers will be needed, around 250 feet apart. The smaller towers are designed to help with rapid data transmission, freeing up capacity of the larger towers for phone. All the major telecommunications companies are preparing infrastructure for 5G, vying for the most extensive network to serve the consumer.

The federal government has promoted the technology industry through legislation and funding. In 1996, the Federal Telecommunications Communications Act was passed, overhauling telecom law and policies. The Federal Communications Commission (FCC) passed regulation in 2018 that encouraged the expansion of wireless systems and preempted actions by local governments to regulate small cell permit application, a concern of the FCC.

In 2017, the Florida legislature passed the "Advanced Wireless Infrastructure Deployment Act," requiring cities to allow wireless providers to have access to city utility poles and right of way property at no charge. Governor DeSantis signed SB1000 in 2019, relating to the placement of facilities on public property, further limiting the power of cities to oppose wireless facility expansion. The Florida League of Cities and the cities of Walton Beach, Naples, and Port Orange filed a lawsuit against the Florida Secretary of State and the Department of Revenue, claiming that this law violated the Florida Constitution on several different counts, including the taking of municipal property without proper compensation, and without the appropriate rules and regulations for permitting. The case was dismissed on the basis that these parties were not the proper parties to be sued and it was not refiled.

The ability for local government to challenge the expansion of small towers has been debated in city councils across Florida; the issue is complex and has been cited as another challenge to home rule in Florida. In the Naples area, the push for 4G/5G small cell towers started in 2018. Verizon's installation partner at the time (Crown Castle) planned multiple towers around the Naples Third Street South shopping area, and the proposed locations and aesthetics of the towers were challenged by Neopolitan Enterprises, a property and business management company in the Third Street South district. The plan was dropped at that time and only one small cell tower was installed, located at the Naples Pier.

Verizon has revived the plan to install dedicated small towers, and 14 towers have been approved or are pending so far. Installation has begun and will continue over the next six months. The many small towers would be separate from light posts and telephone poles and will be built by — and exclusively used by — Verizon. Current Florida codes prohibits municipalities from requiring companies to share towers, so more towers could be requested and built by other companies. Verizon has recently formed a partnership with the firm Vertical Bridge to build small cell towers across the U.S.

The City Council reviewed the Verizon plan in February 2023 at a special session, where staff confirmed that the law limited Naples’ ability to control implementation of a multi-tower plan, allowing only some input on aesthetics and locations. Council members expressed concerns about the plan and while some modifications to locations were accepted, the Council's request for fewer, larger towers in parks as an alternative was rejected by Verizon.

The discussion of small cell towers continued at a recent April 19 Naples City Council meeting. Community member Nicholas Del Rosso, a young Naples resident with a passion for environmental issues, presented a report on the multiple ways the City has not been fully informed about issues connected with the push for 5G small cell towers, including: the lack of environmental assessments (NEPA) for the towers; out-of-date safety standards for 5G; the absence of insurance to protect the City for potential health effects; and other ways a city may have power to control the cell tower installation. It was again discussed at the May 3 and May 17 meetings, where need for specialized legal knowledge in this area was identified. The hiring of Gray Robinson, the firm involved in the previous litigation, was proposed to explore options to improve the current ordinances. Questions about this choice of firms were raised by two Old Naples residents, Nick Del Rosso, and Joshua Sigman, who identified that Gray Robinson also represents Verizon, raising serious conflict of interest issues. "These are extremely bad optics," said Del Rosso. Despite these concerns, the motion to hire Gray Robinson narrowly passed 3 to 2.

What about the safety issues? Unfortunately, the safety of these small cell towers and their waves is still unclear due to constant changes in technology and the difficulty of accessing human effect in a short period of time. Cell phones communicate from tower to tower through RF radiation, up to and beyond microwave frequencies. For years there have been concerns raised that this radiation might have implications for human health, posing cancer and fertility issues. When asked about concerns concerning cell tower emissions, Kraig Conn, general counsel of the Florida League of Cities said, "The federal and state laws prohibit communities from raising issues regarding emission safety."

In 2021, The Environmental Health Trust (EHT) a non-profit environmental research, education, and policy group, challenged the FCC about RF radiation and cell tower safety standards in court and won the case, with the judge concluding that the commission failed to consider numerous new studies on the potential effect of radio frequencies by not updating its safety standards since 1997, before 5G was available. Thus far, despite this ruling, the FCC has not published updated safety standards, nor provided the required environmental surveys that would apply to 5G and/or the use of numerous small cell towers.

The telecommunication industry affirms that these waves are at a level too low to affect human health. Organizations like the World Health Organization, the American Cancer Society and the National Institute of Health have determined that while radio-frequency microwaves are not believed to be harmful based on previous data, more research on human health effects should be conducted as technology changes. Verizon was contacted for comment but did not respond.

Naples residents like Nick Del Rosso and Julie and Bob Kalustian (Bob is an electrical engineer with significant expertise in microwaves), have tried to raise the visibility of the issues and the facts related to the small cell towers, speaking at the Old Naples Association meetings, talking to concerned residents, plus sharing information with City Council members and staff.

"There are many cities and towns in various states taking action to put in moratoriums and/or tighter protective local ordinances, even a few in Florida," said Julie Kalustian. "The data on the health impact is fragmented but there are studies that raise the potential for concern." Naples Councilmember Beth Petrunoff agreed, saying "this raises enough concern about the health and safety of our community that we should continue to explore options to strengthen our ordinances."

A memorandum from Gray Robinson will be requested within a short time due to "shock clock" deadline on the issue imposed by the state. In the meanwhile, the City has not imposed a moratorium or halted construction of the small cell towers around the community. ¦

In the KNOW

Small Cell Tower Location Permits

(per the City of Naples):

» 60 12th Ave. S. – City pier (completed)» Commons at 1008 Goodlette-Frank Rd. N. (Collier County, commenced)» 8th Ave. N. and US41» Lowdermilk at 1301 Gulf Shore Blvd N.» 2880 Gulf Shore Blvd N.» 851 Gulf Shore Blvd. N. Naples Beach Club» 2400 9th St. N.» 1222 Gordon Dr. (Alley between 12th and 13th St.)» 421 12th Ave. S. (formerly 350 12th Ave. S.)» 381 13th Ave. S. (formerly 336/355 13th Ave. S.)» Goodlette Rd. & Central Ave.» Mandarin Road, North of Orchid Dr.

Pending permits:

» 1353 3rd St. S.– Tentatively proposing a new location but not resubmitted.» Mooring Line Dr. – near 2150 Gulf Shore Blvd – Not resubmitted to date but proposing a new location.

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