RF Safe - St. Mel’s Sues T-Mobile To Take Down Antennas

by Liz Rhoades, Managing Editor
03/22/2007

In an unusual move, a Flushing Catholic church is suing a cell phone company to remove six antennas from the top of its school.
St. Mel’s Church, at 154-24 26th Ave., is asking T-Mobile to remove its six cell phone antennas, even though its contract is not expected to expire for several years. Sprint Nextel, which also has antennas on the school, has promised to removed its equipment in early 2008.

According to Bill Viscovich, a St. Mel’s parent who has been working with other families for over a year to get the antennas removed, a court has to give approval when any church leases property for five years or more. In this case, the Diocese of Brooklyn never sought such approval and neither did Omnipoint, the predecessor of T-Mobile. “The court has to look at the best interest of the parish at the time the case goes to court and we think it’s not in our best interest,” Viscovich said.
   Richard Cea, an attorney working for the diocese, is representing St. Mel’s and has presented petitions from parents against the antennas, a letter from the church trustees and one from Father Christopher Turczany, who believes his parish will be hurt if students are taken out of the school.
   The case was filed in state court in February, but T-Mobile attorneys have since asked that it be moved to federal court. Meanwhile, parties on both sides say they hope an agreement can be reached before the case comes before a judge in April.
   At the heart of the lawsuit are health concerns. Parents fear the unknown dangers that radiation emitted from the antennas might have on their children. They began holding rallies in February 2006, following up with another one last June.
   St. Mel’s gets $56,000 a year in rent for the antennas, with 80 percent of the income going to the local church and the rest going to the diocese. The parish council had originally approved the installation because of the added income it generated, but failed to tell the parents.
   The council later changed its mind under pressure, but the companies said it was too late and refused to remove the equipment. There are a total of 23 antennas from the two companies on the school’s roof.
   The contracts run from 5 to 15 years, although no one would specify the exact term. In addition, the contracts may be easily renewable.
   Dorian Mecir, another St. Mel’s parent, is hopeful that the problem can be resolved. “At least T-Mobile is communicating with us now,” she said. “This is an unusual lawsuit and situation.”
   Joseph Walsh, a T-Mobile spokesman for the New York Region, said Tuesday that his company’s first responsibility is to provide reliable service. “It’s essential for the peace of mind of people in emergencies,” he said. “This is so parents can stay in touch with their children.”
   He pointed to the controversy in city schools, which have banned cell phones. “That’s why (public school) parents are concerned,” Walsh said.
   He noted that health studies done by the World Health Organization, Federal Communications Commission and others show “that we are well within safety guidelines and using less radio frequency than regulated by the FCC.”
   The World Health Organization released a fact sheet last year that states “no adverse short- or longterm health effects have been shown to occur from the radio frequency signals produced by base stations or wireless networks, based on the scientific evidence to date.”
   Walsh indicated that T-Mobile is committed to working with St. Mel’s to resolve the issues. “Today we will establish a meeting with the church to search for a resolution,” he said, adding that his company “is actively involved with a dialogue on issues parents and the church have” with the cell phone antennas.

T-Mobile Church Cell Phone Antennas