By Verla Roberts

Cell phones- everybody has one. The downfall of owning one is not always having reception. To counter this locally, many cell phone towers have been built across Nassau and Suffolk counties. Is having more cell phone towers needed despite the possible risks of aesthetics and radiation is the burning issue going on in Long Island.

Over the last few years, cell phones have seemingly become more of a necessity than a luxury. It is the best way to get in contact with people when you are always on the go, but their functionality can be a problem in areas where the reception is poor. Recently the town of Hempstead fought to remove a cell phone tower in a very populated area.

“I think having more cell phone towers for phone purposes is a good thing,” Danielle Fein, a sophomore said. “However I am on the fence and more toward not hurting the environment.”

A lot of towns across Long Island have been trying hard to prevent these towers from being built. It becomes a problem when they have to face the Telecommunications Act of 1996 and also FCC regulations which give the power to the companies to decide placement of towers. In most cases, nothing can be done and the towers are built anyway despite protest from citizens. Towns like Massapequa and Sea Cliff, both located in Nassau County, have been able to keep cell phone companies from placing cell phone towers in their areas. The main reason both towns do not want the towers is because they are considered eyesores.

Other places in Nassau County have not been so lucky. In Seaford, a tower was built on the southwest corner at the intersection of Sunrise Highway and the Seaford-Oyster Bay Expressway. The battle over the tower started in 2001 when the issue was first brought up to the Town of Hempstead Board of Appeals. The construction of the tower was first noticed by residents in June of 2003, but they had no idea that the construction was for a cell phone tower. When the residents finally discovered what that the construction was for, they joined together to put a stop to it.

“The town had recommended that the tower be put on the north side of the intersection instead of the south,” Susie Trenkle, Press Secretary for the Town of Hempstead, said. “Since the area is further away from homes.”

After talking to the company, the Town of Hempstead was able stop work on the construction site. Everyone thought that was going to be the end of the issue. Nothing was built on the site for nearly a year. It wasn’t until November 2004 that the residents realized that the tower had been finished on a Sunday afternoon.

The residents of the town once again joined forces and started getting in touch with town officials. The only problem was they could do nothing about the new development until Monday morning since all of the offices were closed on Sunday. The town of Hempstead filed a temporary restraining order and a preliminary injunction against the state of DOT and the contractions in charge of the construction.

The residents of Seaford and the Town of Hempstead face two main problems in this case. The property that the tower sits on is owned by the state DOT. This means since the site is owned by this agency they are not required to inform residents or have public hearings. The other main problem they are facing is the Telecommunications Act of 1996. The act was established during the Clinton Administration. In section 102 the act states carriers are eligible to receive universal service reports for their customers, allowing them to place cell phone towers wherever needed. At first, the bill was made to help cell phone companies to become more nationwide. In actuality, the act allows cable companies to buy and sell broadband services. It also gave broadcasters more control over the airwaves.

“New York State did not have to contact the residents for a hearing or a permit so they went ahead with construction,” Trenkle said.

Some of the problems with the act include not allowing local officials to be able to have much say in where the tower goes. If the company wants to place a tower in a particular spot they have the right to proceed with constructing it on the site. Another problem with the act is local officials cannot use health concerns as an issue for not placing a tower in a certain spot. The Town of Hempstead tried to have some say in placing a tower because of the health concern of the town.

No actual studies were conducted to prove that the towers are an environmental and health concern for all persons around them. On Jan. 25, a committee of residents against the tower had a public hearing at the Seaford High School so the residents could voice their opinions.

“A similar issue is going on now in New Rochelle,” Trenkle said. “On January 5, New Rochelle went in front of the New York State Board of Appeals and is still waiting a decision.”

Depending on the decision from the board of appeals, it will change the case for the Town of Hempstead. If the board of appeals agrees with New Rochelle it will impact the Town of Hempstead case greatly. The decision will help citizens have more of a say into where cell phone companies want to place towers in their areas. If the case goes in New Rochelle’s favor, it will give the residents more of a voice in Seaford.

Not everyone is against having more cell phone towers built if it is going to improve cell phone service. There are a lot of areas on Long Island that have drop areas that provide cell phone users with no service at all. In their opinion having another cell phone tower will benefit everyone.

“Cell phones are a necessary evil,” Jean Brickman, a senior, said. “They want to put a cell phone tower so people will stop complaining about not having service.”

As of right now, the battle over the cell phone towers will be an issue for the residents of Long Island for a while to come. The Town of Hempstead filed legal action against Crown Communications and the New York State Department of Transportation on Dec. 4, 2004. They are still waiting for the decision from the New Rochelle appeal to be decided to help them in their case.

“People (should either) stop complaining about not having service or they can put up with companies building towers and (risking themselves with) radiation,” Brickman said.

Many cell phones used at the University use this cell phone tower in Carle Place, N.Y. despite many people do not want towers to be placed because of possible radiation. (Paul Palazzolo/The Chronicle)