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U.S. Congressman Chris Smith Representing New Jersey's 4th District

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In the Press...

APP news article:'5G poles coming down in Point Pleasant Beach after settlement'

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POINT PLEASANT BEACH, NJ , Aug 28, 2024 | comments
  • Asbury Park Press app.com

Mike Davis
Asbury Park Press

The 5G wireless poles under construction across the borough will be removed under the terms of a settlement announced Tuesday.

In a Facebook post, Point Pleasant Beach Mayor Doug Vitale said the borough would pay "limited compensation" to developer Munisite Networks, who began construction on 5G wireless poles earlier this year. The poles were approved as part of a 2021 agreement with the borough, which allowed Munisite to construct wireless poles at as many as 74 locations across the borough. (Vitale has maintained that it was unlikely all 74 sites would be used.)

In April, U.S. Rep. Chris Smith, R-N.J., introduced a bill
in Congress that would nullify the effects of those
regulations on municipalities. The bill was referred to the
House Energy and Commerce Committee but has yet to
receive a hearing.

That agreement was terminated as part of the settlement, Vitale said.

The financial terms of the settlement were not immediately available, but are expected to be prepared for approval by the Point Pleasant Beach Borough Council at its Sept. 3 meeting.

Negotiations between Munisite and Point Pleasant Beach had been ongoing for most of the summer. Construction was halted, at the borough's request, after neighbors complained about the aesthetic designs and potential health impacts of the wireless poles. The borough's special counsel demanded the poles be removed in a July 8 letter.

More: What can Point Pleasant Beach do about these 5G poles?

The settlement between Point Pleasant Beach and Munisite doesn't mean 5G wireless poles aren't coming to the borough. Instead, they will simply be subject to more stringent regulation by borough officials.

On Aug. 20, the council adopted an ordinance that requires the developer of any "small wireless facilities" in the public right-of-way lawn to go before the planning board, which will hold a public hearing, and reach a right-of-way agreement with the borough council, which will also be voted on in public.

Under the ordinance, that right-of-way agreement will allow the borough to place some requirements on the facilities, such as color and other design guidelines, but doesn't allow an outright decision on whether to allow them, due to superseding federal regulation.

In 2018, the Federal Communications Commission ruled that municipalities can regulate certain standards involving 5G poles but cannot outright ban them or dictate their location.

In April, U.S. Rep. Chris Smith, R-N.J., introduced a bill in Congress that would nullify the effects of those regulations on municipalities. The bill was referred to the House Energy and Commerce Committee but has yet to receive a hearing.

Mike Davis has spent the last decade covering New Jersey local news, marijuana legalization, transportation and a little bit of everything else. He's won a few awards that make his parents very proud. Contact him at mdavis@gannettnj.com or @byMikeDavis on Twitter.

This story was published on Aug. 28, 2024 and can be found in its original form at:
Point Pleasant Beach 5G poles to be removed after settlement
https://www.app.com/story/news/local/brick-point-pleasant/point-pleasant-beach/2024/08/28/point-pleasant-beach-nj-5g-poles-doug-vitale/74979187007/
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