It's looking like another victory for Point Roberts and Tsawwassen residents in their battle against the installation of radio transmission towers, but paying the huge legal bill is another matter.
Last month, a Skagit County Superior Court judge dismissed an appeal by BBC Broadcasting Inc. to overturn an earlier decision by Whatcom County to reject the company's application to erect five 45-metre (150-foot) steel towers at an undeveloped lot on McKenzie Way, about 330 metres from the Tsawwassen border. It had been rejected because the towers exceeded height limits.
A document recently submitted to the U.S. Federal Communications Commission on behalf of the company, including a declaration signed by president Bhag S. Khela, indicates an appeal would not be filed and that the company is seeking renewal of its license to continue broadcasting from Ferndale.
"KRPI continues to broadcast from its licensed facility in Ferndale, Washington and, for the reasons set forth in its previous submissions, request prompt renewal of its broadcast license and dismissal of all petitions to deny and informal objections to its pending license renewal application," the document states.
Members of the Cross Border Coalition to Stop the Towers were elated at the superior court win, but are not prepared to celebrate as the broadcaster has until Nov. 30 to file an appeal of the most recent decision.
Even if the fight is over, the coalition, according to one member, still faces big legal fees and hopes for continued community support. She noted it is hoping to raise another $15,000 U.S. Another coalition member told the Optimist last week they didn't know what a long and costly battle it would turn out to be to defend the community against the towers.
Hoping to overturn the rejection, BBC Broadcasting Inc. had filed a LUPA (Land Use Petition Act) appeal in Skagit County, wanting a direct judicial review of the
county's land use decision.
The towers would have transmitted South Asian radio station KRPI, AM 1550, which had been broadcasting from studios
in Richmond for a Lower Mainland audience. Also known as Sher-E-Punjab AM 1550, the station currently broadcasts using antenna in Ferndale, but
wanted to relocate them for a stronger all-day signal.
Residents on both sides of the border for over two years have been fighting
on several fronts, not only hoping to stop the towers from being installed but also the broadcast company's license renewal application at the FCC level.
They had concerns over the interference radio waves would have on household electronics as well as their health impacts.
