The Garden City Board of Trustees is seeking to reassure nervous residents that the Village is carefully evaluating-and has not yet made any decision—on an application by NextG Networks, Inc. to install Distributed Antenna Systems (DAS) on 15 light poles on residential streets within the Village.

Mayor Robert J. Rothschild said the Board has been discussing several issues with NextG, including possible health concerns associated with wattage emitted from the equipment, as well as its appearance and location. They have also been meeting with Village Counsel and administrators, as well as an outside legal firm.

“This is not a done deal... We have not resolved anything with NextG at this point,” he said.

Several trustees also spoke at the Dec. 3 Board meeting to dispel a mistaken notion they believe is held by some residents that the Village invited the company into the Village as a way to increase revenue. NextG has proposed a pole attachment fee of $500 per year, to be annually adjusted by the Consumer Price Index and a right-of-way use fee of five percent of Adjusted Gross Revenues, as defined in the agreement.

In October, NextG Networks, Inc. representatives spoke at the Board meeting in an effort to keep a cordial business relationship with the Village of Garden City as they prepared to install their equipment. NextG has been hired by MetroPCS Communications Inc. to install the systems, which consist of an antenna and box, to close gaps in cellular service coverage.

NextG claims that under federal law, they have the right to deploy equipment in public rights of way, with the understanding that public rights of way are held in public trust. They assert that the right has been given to them because the state Public Service Commission recognizes NextG as a public utility. The right of way use agreement presented to the Board is not necessary, but is being offered by NextG in an attempt to be a “good corporate citizen,” according to Peter Broy, NextG’s director of real estate, who spoke at the October 15th meeting of the Garden City Board of Trustees.

“We certainly did not reach out for this opportunity to bring in a carrier of transmission into the Village,” said Trustee Andrew Cavanaugh. “They style themselves, they claim to have charge from the Public Service Commission of New York State, which permits them to enter. There is in fact a provision in the federal telecommunications act under which they have some authority to do that. We are not convinced that authority reaches to the purpose that they want to achieve here, and we are taking all advice from counsel and we are consulting among ourselves in order to determine whether in fact they have a right to enter, and if they do, what are the circumstances of that right.

“So don’t believe we’re in it for $500 a pole per year, or that we have suddenly thought that we would commercialize the residential areas by bringing in transmission towers. This is something we have been forced to deal with by what they claim to be their legal right under both state regulatory authority and federal empowerment. That is the circumstances we’re dealing with....These people claim they have a right to come in and utilize the public way. That is an issue which is open for discussion at this point. I hope everybody understands the position we are in in respect to this.”

Veronica Mallozzi, who has lived in the Estates section since 1998, said one of the proposed locations is several feet from her bedroom. “There is no question that the negative impact on my home value would be significant,” she said.

Trustee Dennis Donnelly said the locations were selected by NextG. They include: Clinch Avenue & Stratford Avenue, Tanners Pond Road & Somerset Avenue, Newmarket Road & Kildare Road, Somerset Avenue & Kensington Road, Hilton Avenue & 10th Street, Warton Place & Heath Place, Edgemere Road & Yale Street, Euston Road & Newmarket Road, Wyatt Road & Wetherhill Road, Stratford Road & Wickham Road, St. James North & Butler Place, South Avenue & Roxbury Road, Wilmar Place & 6th Avenue, Kellum Place, and Clinton Road & Huntington Road.

“The locations that have been published are their choices,” he said. “We have not even agreed that they be allowed to come here. If the federal law and the PSC dictated such, and we have a lot of questions, which we really don’t want to discuss in the newspaper because we’re going back and forth in this discussion. No one is looking forward to this, but it is an issue we are trying to deal with for the residents for the benefit of all of us. But we want to make sure we get it right because we can end up, and we may end up, in a lawsuit that goes on for a long time. If it is, it is, but believe me, we’re looking out for the residents in this one.”

Central Property Owners’ Association President Patricia DiMattia asked when the Board expected to make a decision on the application. She said the POAs would be meeting this week, and expected to hear many questions and concerns from the residents in their section, since there is “a lot of negativity” among people she has talked with about the plan. “I think the audience needs to know that this matter is in your hands at the moment.”

Mayor Rothschild said although the trustees have already received a lot of material, they are still waiting for research on the possible health effects. He said the trustees want to review everything together. The Mayor said residents can file a Freedom of Information request to review the materials.

Village Counsel Gerard Fishberg said he is currently working to determine where NextG fits into the statutory structure. He said NextG used to focus their business on installing systems in tunnels and shopping malls.

Fishberg added that the Public Service Commission does not recognize any company as a “public utility.” “That’s not a phrase within their nomenclature,” he said.

“One of the major things that we’re trying to work out with NextG and trying to pin NextG down is to determine just where they fit into the statutory structure,” he said. According to Fishberg, the Federal Communications Commission has established a very favorable public policy toward promoting a telecommunications system throughout the entire country, especially in heavily populated areas.

However, there are specific facts unique to this case since the equipment will be installed on light poles that are not being used by other companies. He said his firm has contacted the PSC, the FCC and the attorneys who are working on the lawsuit involving NextG in Merrick.

Fishberg said the Merrick case differs significantly from Garden City. NextG representatives and the Town of Hempstead and Merrick civic leaders entered into negotiations to move some of the equipment, but the relationship soured in August when the Merrick Gables Association filed a $100-million lawsuit in State Supreme Court in Mineola against NextG, MetroPCS and the Town of Hempstead.

The suit seeks an immediate halt to such installations by all wireless companies. The plaintiffs contend the Town of Hempstead should have done more to support them and their property values, which they claim were lowered as a result of NextG’s installations.

Deputy Mayor Donald Brudie, an attorney, acknowledged the importance of proceeding with caution and waiting until all of the information requested has been reviewed. He also requested residents not to ask trustees their opinion on the issue until they have weighed all of the evidence.

“We must give these people due process,” he said. “They filed an application. We just can’t reject it with a big rubber stamp that says ‘reject.’ Then you’ll be involved in a lawsuit. We have to determine what rights they have and what rights we have.”