They may have won a round but the fight isn't over.
That's the warning from Point Roberts and Tsawwassen residents continuing to fight the contentious proposal to erect radio towers in the American peninsula.
"Too much is at risk for us not to have our lawyers present in the appeal proceedings to continue their winning arguments to stop the towers," said Nancy Beaton of the Cross Border Coalition Against the Towers. "We cannot rely on Whatcom County's legal team successfully arguing this."
BBC Broadcasting Inc. wants to erect five 45 metre (150-foot) steel towers at an undeveloped lot on McKenzie Way in Point Roberts. The towers would transmit South Asian radio station KRPI, AM 1550, which broadcasts from studios in Richmond to a Lower Mainland audience. Also known as Sher-EPunjab AM 1550, the station currently broadcasts using antenna in Ferndale, Wash., but wants to relocate them for a stronger signal.
The Federal Communications Commission granted a construction permit but a zoning permit is required from Whatcom County.
Just days before a county public hearing on the proposal was scheduled to begin, the hearing examiner announced he had denied the application because the towers exceeded the height limit in Point Roberts.
In a move not unexpected, BBC Broadcasting Inc. then filed an appeal with county hoping to overturn that decision.
Whatcom County council will hear the appeal and the residents' group wants its lawyer there to counter any arguments by the proponent.
Beaton said with outstanding legal bills in the amount of $20,000 and another $15,000 needed for the appeal, the coalition is still in fundraising mode.
"We need Tsawwassen residents to donate," she said.
Coalition member and Point Roberts resident Armene Belless said the proponent could take the fight to the courts if not successful at the council appeal.
She noted the "money hemorrhage" for residents will stop if the council upholds the examiner's ruling because at that point the county must pay for the legal defence.
Noting the radio towers wouldn't be important public infrastructure as the proponent claims, Belless said the appeal may be heard in January at the earliest.
For over a year, opponents on both sides of the border have been fighting the application, arguing KRPI's operation in Ferndale caused considerable public nuisance due to interference with household electronic equipment. Residents also expressed concern about potential chronic health effects due to electromagnetic radiation.
Belless said on another front the coalition has filed an objection to the radio station's licence renewal application with the FCC.
Meanwhile, Industry Canada has responded to a petition forwarded to Ottawa asking the federal government to intervene with the FCC on the application.
Noting discussions have taken place with the FCC, the letter to residents states that while the application by BBC Broadcasting lnc. did not specify the population of Tsawwassen in its maps, the FCC confirmed it was aware of the Canadian population and was satisfied with the commitment from KRPI to resolve any blanketing interference issues.
Check notowers.webs.com for more information about donating to the legal defence.
