Chase Cook, ccook@capgaznews.com
6:29 p.m. EDT, March 20, 2015
Delegate Herb McMillan
Del. Herb McMillan proposed legislation putting a year-long moratorium on school cell towers, but says powerful interests oppose it's passage. (By Paul W. Gillespie, Staff / October 10, 2014)
A local bill that would stop school cell tower construction in Anne Arundel County for about a year was approved by county lawmakers at Friday's delegation meeting.
Annapolis Republican Del. Herb McMillan's House Bill 727would halt wireless telecommunications tower construction for about a year starting from June 1 to June 30, 2016 with any proposals in the pipeline before that date not affected by the moratorium.
The bill was passed 12-0 with Speaker Michael E. Busch, D-Annapolis; Del. Ted Sophocleus, D-Linthicum; and Del. Ben Barnes, D-College Park, not in attendance for the vote.
With the legislation approved as a delegation bill it may have an easier path through the General Assembly — which often gives courtesy to local bills — but McMillan said the discussions aren't over.
His bill still needs to be voted out of committee, which had a hearing on March 12. The bill also needs approval from the House and Senate.
"There are well-financed groups opposed to this bill," McMillan said.
Opposition to the bill includes both Milestone Communications and the wireless carrier companies, which spoke against McMillan's bill during the March 12 hearing.
Bethanne Cooley, wireless company lobbyist, said during the hearing the bill would prevent the carrier's from improving their service.
"We believe this legislation could reduce the ability of wireless telecommunications carriers to deploy facilities needed for public safety and to provide broadband services in one of Maryland's most densely populated counties," she said at the hearing.
On top of the moratorium the legislation also would create a work group to determine:
  • Whether the General Assembly or county Board of Education should establish the policy on leasing public school property to private entities.
  • Whether modification should be made to school system policy and implementing regulations on cell phone towers.
  • If schools are receiving a fair market value for the constructed towers.
The work group would be compromised of three Anne Arundel County delegates, one senator, one county public school system representative, one member appointed by county executive and one appointed by the County Council.
The work group would release its findings to the Anne Arundel County Board of Education and county delegation by Dec. 31.
The school system currently has a contract with Reston-based Milestone Communications, which has built one tower at Broadneck High School.
School spokesman Bob Mosier said the school board voted to oppose the moratorium on March 4. The school system earns $25,000 on initially constructed towers with a carrier along with 40 percent of the revenues from the tower and additional money per carrier attached to the tower.
The towers also have space for fire and police officials to expand their wireless communications, he said.
And education officials notify parents, property owners and alert them before a tower is constructed, Mosier said. There currently are plans for towers at the Annapolis Middle School, the Center for Applied Technology North in Severn and Corkran Middle School in Glen Burnie and the campus of Magothy and Severn River middle schools in Arnold.
"This is a public and transparent process," he said.
Before Friday's vote McMillan's bill was originally passed at a quick meeting shortly before session on Thursday, where it was amended to extend the moratorium to county property. It also originally tasked the school system with generating the report, but was amended to create the work group.
The delegates voted to remove the county property amendment Friday after a letter from The Attorney General's office stated the legislation could impact schools but not general county property.
Friday's meeting was likely the last for the delegation this session, with lawmakers saying they don't plan to come together again unless necessary. Legislators are making their push to get bills crossed over to the House and Senate before Monday's crossover deadline.
Delegation Chair Pam Beidle, D-Linthicum, congratulated the group on their efforts and urged them to consider things to do after session ends, such as site visits.
After a short break of course.
"Coming through session to me is like having a baby," Beidle told the delegation. "You don't want to talk about meetings for a little while."