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P.G. sues school board, AT&T over cell tower removal

By KELLY NIX

Published: January 18, 2012

THE CITY of Pacific Grove has filed a lawsuit against the Pacific Grove Unified School District and AT&T to prevent them from shutting down a cellular phone tower officials say is crucial for firefighters, police and paramedics to respond quickly to emergencies.

For the past two years, the school district has had a contract with AT&T to operate a cell tower at the P.G. adult school on Lighthouse Avenue. But on Jan. 14, AT&T was set to turn off the tower’s power after expiration of its contract with PGUSD.

Decommissioning the tower, the city contends in its complaint filed Jan. 10 in Monterey County Superior Court, would be dangerous for residents and public safety workers.

“City residents and visitors rely on the regular and emergency phone coverage provided by the cell site,” according to the city. “Without cellular 911 coverage provided by the cell site, emergency response to fire, medical or criminal activity shall be impaired.”

In a declaration supporting the city’s claim, Monterey Fire Chief Andrew Miller said the loss of the tower would be a threat to the public and “directly restrict the ability of the fire department to rapidly respond to 911-related emergency incidents.”

In the suit, the city asked a judge to issue an injunction to force the school district and AT&T — which the city said jointly operated the tower — to keep it active.

However, city manager Tom Frutchey told The Pine Cone Wednesday that a temporary agreement was reached before that could happen.

“The city’s sole interest in this matter,” Frutchey said, “is to ensure uninterrupted cell phone coverage — especially 911 calls — for the areas of the city that fall within this tower’s coverage zone.”

According to the deal, the district will continue operating the tower at the adult school through Jan. 28. In exchange, AT&T will pay the school district $9,984 in fees.

After Jan. 28, the tower will be relocated next to the maintenance building at El Carmelo Cemetery.

The city also contended in its suit that decommissioning or removing the cell tower from the adult school would amount to a violation of the California Environmental Quality Act since removing it would constitute a “project” under CEQA law.

“PGUSD has failed to consider the environmental consequences of this action,” according to the city.