It was a sweet but unexpected victory for Tsawwassen and Point Roberts residents this week.
Just days before a Whatcom County public hearing was to begin in Bellingham on a contentious proposal to erect radio towers in the Point, the county's hearing examiner announced Tuesday he was denying the application by BBC Broadcasting Inc. The examiner, who also cancelled the hearing, citied the fact the towers exceed height limits in the American peninsula.
"It was a pleasant surprise," said Tsawwassen resident Jim Ronback, a member of the Cross Border Coalition Against the Towers that has waged battle with the proposal for more than a year.
"There was concern as to whether FCC regulations could exempt it (height limit) but we felt the FCC preemption only applied to cell phone towers, not radio towers. They are not essential infrastructure."
Mayor Lois Jackson called it's a tremendous victory for the community.
"The level of engagement, lobbying and hard work undertaken by many concerned Delta citizens, who banded together and worked in concert with us against this proposal, has truly paid off. By working together with our citizens, we have achieved the desired outcome we sought."
BBC Broadcasting Inc. applied to erect five 45-metre (150-foot) steel towers at an undeveloped lot on McKenzie Way, about 330 metres from the border.
The towers would have transmitted South Asian radio station KRPI, AM 1550, which broadcasts from studios in Richmond. The station currently broadcasts using antenna in Ferndale, Wash., but wanted a stronger signal for its Lower Mainland audience.
The Federal Communications Commission granted a construc- tion permit but a zoning permit was still required from Whatcom County. The county's planning department recommend approval.
For over a year, opponents on both sides of the border have been fighting the application on several fronts, arguing KRPI's operation in Ferndale causes considerable public nuisance due to interference with household electronic equipment.
Delta-Richmond East MP Kerry-Lynne Findlay, noting she's been in dialogue with Washington Congresswoman Suzan Del Benne on the issue, was among those scheduled to speak at the hearing.
"I am pleased that the American authorities responsible for decisions on this proposal have addressed the concerns that I and the community have raised," she said.
Delta South MLA Vicki Huntington, who was also scheduled to speak, said the reason for denial was a wonderful surprise.
"I am just so very pleased for all the people who worked tirelessly to achieve this result. Besting the system doesn't happen often," she said. "We should also be grateful there was a hearing commissioner who looked so closely at the documentation and read the law so closely. I'm happy for Point Roberts and thrilled for Tsawwassen."
According to the county planning department, once the hearing examiner makes his final determination, the applicant, any party of record or any county department may appeal the decision to the Whatcom County council within 10 business days.
A written notice of appeal must be filed that either addresses an alleged specific error of law or how the decision is clearly erroneous on the entire record.
Opponents believe an appeal will likely be filed.
