Stop the Radio Towers

Subtitle

Craft Fair a Big Hit

$2100 Raised - Yea Team

Lots of money and loads of fun

$10,500 Raised!

Point Roberts radio towers fight far from over

With applicant appealing county's decision, coalition says too much at risk to stop now.

www.bellinghamherald.com/.../whatcom-hearing-examiner-denies.html


www.delta.ca/your.../point-roberts-radio-tower-proposal-denied
www.allpointbulletin.com/.../county-hearing-examiner-rules-against-towers/

arthurreber.com/.../update-on-the-towers-project-in-point-roberts.html 

We WON 


but an Appeal to Whatcom County Council is  in the works

WE raised more than a $1000 THANKS

The Cross Border Coalition to Stop the Radio Towers hosted 
 benefit House Concert "Bistro Bijou Noire"  
on Oct 26 2014, featuring local jazz chanteuse, Shaune Ann Feuz (http://www.reverbnation.com/Shauneannfeuz  go listen!  She's "knock your sox off" amazing!)

WILL YOU RISE TO THE CHALLENGE?

150 x $500 = $75,000

You can help end the fight to keep five 150-foot AM radio towers off the Tsawwassen Peninsula.

Our last option to stop this travesty is at the upcoming Whatcom County hearing, beginning October 27.

To launch our best case, we need to fund experts for reports and their hearing appearances, continue doing research and paying our legal team to see this thing through.  The estimate for this is over $80,000.  We are still collecting donations and just had two successful fund-raising events, but now time is running out.

Here’s the challenge:  we are looking for 150 businesses, organizations, families and individuals to donate $500 each.  This will complete the funding for the final push.

Consider how much the quality of life you enjoy is worth.  Or how much money you may lose in your business or in the value of your home if the towers go up.  It is difficult to quantify, but we think it will be a great deal more than $500.

As of today, we have 15 challenge checks in hand, with promises for more.  Join your friends, neighbors and fellow businesses in meeting the challenge.  Give us the final push we need to the end.


Thank you for your support.

The Cross-Border Coalition to Stop the Radio Towers

For donations, click DONATIONS or send checks to:

PRTA/FTT, 239 55th Street, Delta, BC V4M 3J4

PRTA/FTT, P.O. Box 158, Point Roberts, WA 98281

The Cross-Border Coalition to Stop the Radio Towers
Wants You to SAVE THE DATE!

A special Town Hall meeting will be held on 
Tuesday, March 31, 7pm
At Tsawwassen United Church, 693 53rd Street, across from Tsawwassen High School
 
Come hear Yvonne Goldsmith, former Mayor of Ferndale and current Ferndale City Planning Commissioner describe what it is like living with the BBC Tower Farm.

Links and resources for more information


Article from Science Daily

'Electrosmog' disrupts orientation in migratory birds, scientists show

http://www.sciencedaily.com/releases/2014/05/140508163644.htm


Tsawwassemotes looking to Ottawa for help

Residents fighting Point Roberts radio towers upset federal government isn't doing more

http://www.delta-optimist.com/news/tsawwassenites-looking-to-ottawa-for-help-1.942481


Industry Canada won't act on Point Roberts radio towers 

http://www.southdeltaleader.com/news/industry-canada-won-t-act-on-point-roberts-radio-towers-1.938049


Moore's response doesn't provide much comfort

http://www.delta-optimist.com/moore-s-response-doesn-t-provide-much-comfort-1.942477


Delta-Richmond East MP taking action on radio towers file - See more at: http://www.delta-optimist.com/delta-richmond-east-mp-taking-action-on-radio-towers-file-1.942511#sthash.zP40cKBg.dpuf

http://www.delta-optimist.com/delta-richmond-east-mp-taking-action-on-radio-towers-file-1.942511


Article in Delta Optimist

http://www.delta-optimist.com/rally-against-radio-towers-to-span-international-boundary-1.706129


Article in the All Point Bulletin, December edition

http://www.allpointbulletin.com/news/article.exm/2013-11-22_radio_tower_opponents_planning_demonstration


Informative article in All Point Bulletin, November edition

http://allpointbulletin.com/news/article.exm/2013-10-24_radio_tower_proponents_swing_into_action


Whatcom County permit office webpage for KRPI's conditional use permit

http://www.co.whatcom.wa.us/pds/plan/current/krpi-radio.jsp


Site Selection Report for KRPI

Note the site selection has been going on for years while Point Roberts learned about the potential towers only weeks ago.

http://allpointbulletin.com/static/files/Site%20Selection%20Report%20Prepared%20for%20KRPI%20Ferndale%20March%202011.pdf 


List of complaints to FCC by residents of Ferndale regarding problems with local station KRPI.

http://allpointbulletin.com/static/files/Attachment%20B%20comments%20ferndale.pdf 


US Fish & Wildlife Service 

Concerns over potential radiation impacts of cellular communication towers on migratory birds and other wildlife – Research opportunities

http://www.hese-project.org/hese-uk/en/papers/manville_wildlife_towers.pdf


TV, radio towers killing millions of birds - article

http://www.canada.com/technology/radio+towers+killing+millions+birds+scientists/6518945/story.html


FCC webpage

A Local Government Official’s Guide to Transmitting Antenna RF Emission Safety:

Rules, Procedures, and Practical Guidance

Appendix C page 34

47 U.S.C. & 322(c)(7)

(7) PRESERVATION OF LOCAL ZONING AUTHORITY

http://wireless.fcc.gov/siting/FCC_LSGAC_RF_Guide.pdf


An Overview of Radiofrequency / Microwave Radiation Studies Relevant to Wireless Communications and Data

Presented at the Salzburg Conference June 2000

http://www.salzburg.gv.at/Proceedings_(15)_Sage_2.pdf


Case study of problems and solutions for a typical high power FM station

http://www.hatdaw.com/papers/FM_Blanketing_Interference.PDF


Read the article "Blinded by the light, birds crash into radio towers" on National Public Radio's (NPR) website

http://www.npr.org/2012/06/13/154959104/blinded-by-the-light-birds-crash-into-radio-towers

"If you live anywhere near an AM broadcast band (BCB) station, then you might have serious reception problems, even with a high quality receiver. "

Quote from "Dealing With AM Broadcast Band Interference."  

Read entire article at 

http://www.dxing.com/tnotes/tnote06.pdf 

HOT LINKS -- HOT HOT HOT

CRTC doers illegal Punjabi radio stations to possible shutdown


Delta Optimist Editorial Ted Murphy:
http://www.delta-optimist.com/opinion/petition-could-be-the-key-1.1400138

"It's painfully obvious that dealing with an issue that crosses the border has thrown regulators on both sides of it for a loop, resulting in a potentially untenable situation for thousands of homeowners. It's also abundantly clear that it wouldn't take a whole lot to sort this mess out. It seems that if someone in a position of authority sat down with all the facts, the folly of this situation would immediately come to light." Ted Murphy, Delta Optimist Oct 1, 2014

8 information videos:

Delta Corporation (George Harvie): Against the KRPI Towers (Mr George Harvie's Townhall talk)
http://youtu.be/n4AXBrJmZGM

Must Know Details about the Towers from an Engineer
http://youtu.be/7_fK5nx42hc

Experience NOW Blanketing Interference;
http://youtu.be/jSwrvWt6xO8

Blanketing Interference; Empty Promises by Broadcasters to Mitigate
http://youtu.be/Vu-CRLcX8aQ

Why a CRTC Ruling will NOT stop the Towers
http://youtu.be/AOF_dhagsic

Property Values at Risk due to KRPI Towers
http://youtu.be/D9u1iEe_ndw

KRPI Radio Towers 101: Background Info, Visibility Simulation
http://youtu.be/NYWoVZGhP5U

URGENT: How to STOP the Towers
http://youtu.be/miS_-3TWaKQ


Stop Those Infernal Towers

a newsletter by Gail


30 August 2014

CRTC Announcement Complicates Fundraising for Legal Fund

Funds coming in through Paypal have slowed since the CRTC summoned Sher-­‐E-­‐ Punjab to explain itself. Some residents think that the station will be shut down and that will be the end of our problems. This is wrong, since the towers can still be built and leased to someone else, like a Seattle radio station that wants to draw Canadian customers to Seattle. It's nice if the CRTC hearing goes against Sher-­‐E-­‐Punjab, but it doesn't change the work we have to do in Whatcom County.


Three members of the Point Roberts section recently took a trip to the offices of the attorneys who'll be representing us at the October 27 Whatcom County hearing. The meeting went well. Possible strategies were discussed. The final court-house battle plans are still being developed. Our three members left feeling somewhat optimistic about our chances, but somewhat distressed by how much all of this is going to cost. Expert witnesses in four or five fields are required. The attorneys' bills will cover not only their appearances at the Hearing but also their research time.


Did you know that our towering problem would probably never have arisen if Point Roberts residents had received information the law expects them to get? By law, when a corporation applies to the Federal Communications Commission to build radio towers, the corporation must publish a notice to people who are likely to be impacted. The idea is that those opposed have the information they need to challenge the application. BBC published a small and grudging notice in the back pages of the Bellingham Herald, so it did not exactly violate the rules. However, the Bellingham Herald is not available on the Point. Result: a construction permit for the towers was issued in May 2012. The community only heard about it about August 2013--well over a year later, and well past the time allowed by law to appeal the decision.


A spokesman for the towers has insultingly called us Nimbys ("not in my back yard"). A Nimby is a person who knows a change is in the public interest, but isn't willing to share the costs. Someone, say, who wants good transit, but objects to having the bus run down her street. We're not Nimbys. There are no benefits for Tsawwassen and Point Roberts in the BBC proposal. None. The struggle is between the amenities, comfort, and health of more than 23,000 local residents, and a business opportunity for the BBC group of corporations.


Among the supporters who're hand delivering our fundraising flyer: Cheryl and Alana, who're doing good for the community while getting mother-and-daughter time and exercise. Three-pronged multitasking! And then there's Elaine and Cheryl and Armene and....


We also have two husband-and-wife teams leafletting.


Carol points out that KinVillage in Tsawwassen, which provides care and housing for the elderly, is within the contour for blanketing interference. As a result, residents and visitors can expect their hearing aids, pacemakers and other medical devices to malfunction, especially at night. That looks like an enclave of misery that can't be mitigated.


As happens in all grassroots groups, too many of us are wearing too many hats, and not all of the hats fit well. The Cross Border Coalition to Stop the Towers (CBCSTT) needs more workers. Help is especially needed right now in the following categories: Open House/ Town Hall meeting management, Canvassing Management, Merchant Liaison. In addition, if you can give only a few hours, we need the donation/petition table manned and womanned, and we need walkers to deliver our flyers and chat up people seen out in their garden. Please contact [email protected] to find out more.


The CRTC invites comments to help them decide whether KPRI (Sher-E-Punjab) should be penalized for broadcasting improperly without a Canadian licence. Comments have to be submitted before September 12th. The hearing is supposed to be in Gatineau, near Ottawa, but if enough people want to attend and request the hearing be moved to the Lower Mainland, it might be moved. Comments go through the CRTC website at CRTC.gov.ca  Then if you search Sher-e-Punjab and show cause, you will find a page with information on the hearing and a sidebar showing how to submit your comment.


Events coming up: The Town Hall meeting and Fundraiser is planned for September 17th. Attendees will get the best and most up to date information and a chance to ask questions of the best-informed people we know. They'll also get a chance to buy gift cards for flowers, books, food, toys, shoes, hair care, and other choice items, all of them donated to us by the best Tsawwassen stores and salons. Bring cheque/check book or lots of nice cash, since we will probably have no way of taking plastic.

We'll have our petition table at the Mall starting point for the Southlands Bike-In on September 7th.


Our 3,000-plus signature Petition (that's something like one out of every six adults in Tsa) will be 'registered' on September 14th. Sometime after that it will be presented to Parliament. Kerry-Lynne Findlay, as our MP, will be invited to make the presentation.

Mark your calendar for a benefit concert in Point Roberts between 1PM and 5PM on September 21st. It's to be hosted by Seabright Farm and admission will be by donation. Burgers and hot dogs will be compliments of Seabright. There'll be a cash bar and a silent auction.


Time for your own donation to the legal fund? Check the website www. NoTowers.webs.com to do it online.  Or send a check or a cheque for PRTA/FTT to 239 55th Street, Delta BC V4M3J4, in Canada, or PO Box 158, Point Roberts WA 98281, in the USA. 


We're sorry to say that the site doesn't seem to accept Canadian Mastercard.


Feel free to forward this newsletter to everybody who needs to know.


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Lots to Cheer About


This first week of August has been very encouraging for the Cross-Border Coalition to Stop the Radio Towers (CBCSRT), with cheering news zinging around in texts almost every day.


On Tuesday,  Chapter heads Jennifer and Nancy and retired professional engineer  Jim met  with Industry Minister James Moore.  Nancy reports that the Minister gave them longer than the scheduled twenty minutes and listened well.  Minister Moore had studied the background material CBCSRT had sent, and he asked Jim solid technical questions. He asked Jennifer questions that were to the point (sorry, pun)  since he was less informed about the Point Roberts side of the situation. He'll  have his lawyers 'turn their lens on' the towers, and he directed his staff to find us documents we had been trying to get.  Our delegation also asked him for personal intervention, but he said that kind of intervention has never been done in Canada.  Challenged to break precedent and 'be a hero',   he quoted Preston Manning--clearly one of his own heroes-- that a real politician creates change, doesn't just talk about it and look good.

  

Freeman Beach neighbourhood  held its annual Pig Roast  on the weekend  and raised $185  for the Legal Fund in a fifty/fifty draw.   Treasurer Dave reports that  92 adults and 9 kids under 12 attended. In addition to the draw, there was face painting,  a pinata,  and a bar.  Roast master  Kent started the rotisserie at 7 am. Marcia acted as chief organizer.  There was socializing with neighbours new and old.  


We need more events  like the Freeman Beach Pig Roast!  CBCSRT challenges every host/ess to turn their best summer party, the one they always throw, into a Benefit for the Legal Fund.  It could be by way of a  specified contribution asked for in the invitation  ($10!  $20!  $1,000) , a hat-pass, whatever fits your theme and tickles your guests' fancy.  The host/ess with the mostest contributions will get a nice prize.  So will the host/ess with the best imagination or luck.  


The Canadian Radio-Television Commission (CRTC) has just given the cold shoulder to  Sukvinder Badh's application for a Canadian broadcast licence.  There's strong language in the written reasons.  Because Sukvinder Badh owns the land that  Ferndale KRPI broadcasts from,  and used to manage KRPI,  and because he has family ties to the rest of the operation (which includes the proposed tower farm in Point Roberts)  he won't  get a Canadian licence without his involvement in KRPI being scrutinized.  That would be  a "travesty of regulatory fairness", the reasons said. 


We now have a Canadian address for Canadian donations.  This was needed because to send a cheque from Tsa to Point Roberts requires a special stamp that most of us do not have on hand.  So cheques sent in Canada should now go to the Point Roberts Taxpayers Association "Fight the Towers" c/o 239-55th Street Delta BC V4M3J4.  Cheques mailed in the US should continue to go to PO Box 158, Point Roberts, WA 98281 USA.


The new Fundraising Committee met Thursday evening. The committee  discussed  a variety of current and possible methods of fundraising: petition table donations, brunch, cocktail evening,  pub  event, neighbourhood canvassing, and requests to major donors. 


We need help with a number of efforts  including petition table, Town Hall meeting, literature drop,  and various kinds of fundraising.  


If you can help, either on one occasion or with an ongoing project,  please email  gail [email protected], or [email protected]  


Have a story that could go in the next newsletter?  [email protected]

    Letter to  Honourable Kerry-Lynne Findlay, P.C., M.P.


May 21, 2014

The Honourable Kerry-Lynne Findlay, P.C., M.P.

Minister of National Revenue

House of Commons Ottawa, Ontario K1A 0A6

Dear Minister;

Re: Radio Tower Meeting of May 20, 2014

Thank you again for your time and efforts in bringing this issue to the attention of Mr. Stevens, Deputy Ambassador and Mr. Cook, Consular officer in Seattle and arranging them to meet with us yesterday.

We greatly appreciate everything you and your office are doing to help us.

As discussed, we have a few questions that we would like clarified in light of the news from IC that the FCC reports they were aware of Tsawwassen's population in BBC's application process for a construction permit and that approval will not be reconsidered.

When reading the following it is important to note that in the Objection to the Petition BBC admits that Tsawwassen was not mentioned in their application to relocate to Point Roberts as the Canadian population was "not relevant." The public records as well reflect their non-disclosure of Tsawwassen.

1. FCC Waiving of 25 millivolt/meter Contour Population Calculation

FCC’s ¶73.24 (g) specifies that an applicant must show that:

“the population within the 1 V/m contour does not exceed 1.0 percent of the population within the 25 mV/m contour…. provided, however, that where the number of persons within the 1 V/m is 300 or less the provisions of this paragraph are not applicable.” That “however” above stipulates that the minimum population within the 25 mV/m contour must be more than 30,400 of which 1% allows a population of 304 or more to be within the blanketing interference contour of 1 V/m. This criterion of more than 30,100 is not satisfied by the combined US and Canadian population or the US population alone within the 25 mV/m contour. If the FCC was aware of Tsawwassen and its dense population why did the FCC waive the 25 millivolt/meter contour calculation when exceeding the threshold of 300 within the 1 volt/Meter contour? Exceeding the 300 person threshold in the 1 Volt/meter contour requires further calculation of how many persons are in the 25 millivolt/meter contour. The consideration of only the Point Roberts population of 304 was close enough to 300 to allow the waiver of the calculation of how many are in the 25 millivolt/meter contour.

BBC's application did not extend the 1 volt/Meter contour to include Canada. If it were including Canada (Tsawwassen) in their 1 volt/Meter contour calculations it would mean that the ratio of the populations within the larger 25 millivolt/meter and the 1Volt/meter blanketing interference contours violates both Industry Canada and FCC standards by more than an order of magnitude (i.e., more than 10 times as to what is allowed.) We believe it is at minimum 30 times.

2. INTERFERENCE: Blanketing or Channel?

We request to be provided with more context to the message IC received from the FCC concerning the use of the word "interference." We strongly suspect that when FCC and IC used the word "interference" with respect to "knowing about the interference in Tsawwassen" at the time they granted the building permit, they did not distinguish whether one was talking about cross border

adjacent channel interference (which will not disrupt Tsawwassen radios listening to KRPI or stations close to 1550 kHz) or cross border blanketing interference which will occur in Tsawwassen and prevent anyone from hearing anything else but KRPI across the radio dial, disrupting ADSL internet connections and cause blanketing interference with hearing aids, TV's, computer speakers, baby monitors and cordless phones to name a few.

3. FCC Knowledge of Tsawwassen and IC If what the FCC says is true, that they were aware of the Tsawwassen's population during the application

process, why was Industry Canada not informed of this potential cross-border blanketing interference in Tsawwassen and/or if they were informed why did Industry Canada not object to the original BBC application?

If the FCC knew of the Tsawwssen population but did not alert IC why isn't IC questioning and demanding an explanation from the FCC and ultimately objecting to the application? Again, none of the BBC documents that the FCC used to approve the application mentions Tsawwassen or its population.

In light of all the above it leaves us to wonder if the FCC is confusing Ladner with Tsawwassen? The facts support our belief that the FCC was not aware of Tsawwassen and its dense population at the time they granted BBC's application. We look forward to your reply. Thank you.

Yours Sincerely,

Nancy Beaton

On Behalf of the No Radio Towers CoalitionTsawwassen Chapter

cc: Mr. Denis Stevens, Deputy Head of Mission, Embassy of Canada

Mr. Kevin Cook, Senior Political, Economic & Academic Officer,

Consulate General of Canada

Mayor Lois Jackson

Vicki Huntington, MLA

Suzanne Bosman, Whatcom County PDS

Steve Graham, Ph.D., P.Eng Tsawwassen Coalition

Jim Ronback, P.Eng Tsawwassen Coalition

Jennifer Urquhart, President No Radio Towers Coalition Pt. Roberts Chapter

INFORMAL OBJECTION

August 15, 2014

In the above-referenced CRTC Decision, CRTC denies Sher-E-Punjab Radio Broadcasting, Inc.’s application for proposed use of AM 600 kHz, in large part out of concern about the propriety of that Richmond, BC based broadcaster’s use of BBC Broadcasting’s transmission facilities in Ferndale, WA—

essentially acting as an unlicensed Canadian broadcaster. Its programming and signal, carried by KRPI, is overwhelmingly aimed at its Lower Mainland British Columbia audience, as is all of Sher-E-Punjab’s advertising. In not awarding the 600 kHz frequency to any applicant, CRTC indicated its intention “to examine the issue of broadcasting services transmitted from locations outside Canada and which appear to serve Canadian markets.” They were talking about the relationship between and practices of Sher-EPunjab and BBC Broadcasting. Here is the text from the CRTC Decision (at paragraph 31):

Sher-E-Punjab Radio Broadcasting Inc. (Sher-E-Punjab) is one of the applicants that proposed to use 600 kHz. The Commission notes that some interveners opposed Sher-E-Punjab’s application, arguing that Sher-E-Punjab broadcasts from the U.S. into Canada without a licence. At the hearing, Sher-EPunjab proposed to abide by a condition that would require it to cease providing its programming for broadcast over transmission facilities located in the U.S. once the Department of Industry has issued a broadcasting certificate to Sher-E-Punjab for the use of 600 kHz. The Commission’s decision to deny

Sher-E-Punjab’s proposal for the use of the AM frequency 600 kHz as set out in the preceding paragraph will also provide the Commission with time to examine the issue of broadcasting services transmitted from locations outside Canada and which appear to serve Canadian markets.

Subsequent to this Decision, CRTC issued Broadcast Notice of Consultation CRTC 2014-426, dated August 13, 2014, which can be viewed (or downloaded as PDF) at

http://www.crtc.gc.ca/eng/archive/2014/2014-426.htm


Legal Opinion


Date: June 18, 2014
To: The Cross-Border Coalition Against the Radio Towers
From: Ulf K Ottho
RE: Legal Opinion


You have asked me for my view as to the legal enforceability of a representation made by letter dated September 30, 2013 by KRPI's lawyers addressed to Whatcom County Planning and Development Services that:

“By this letter, KRPI wishes to express that it is committed to working at its own expense to resolve any and all complaints of interference that are brought to its attention, provided that the complainant allows adequate access for KRPI's engineers.” 


“KRPI is committed to providing and maintaining interference complaint resolution services to members of the Point Roberts and Tsawwassen communities upon commencement of operation of its new transmitter in Point Roberts and continuing for the life of the transmitter site”.


I am giving my view from the perspective of being a retired lawyer having retirement status with the Law Society of British Columbia, following 35 years of practicing law in the Delta Community. My practice included, along with other areas of litigation, commercial contract litigation that involved interpreting contracts, as well as administrative law involving tribunals created by federal and provincial statutes, which involved the interpretation of statutes governing these tribunals.


A basic rule of contract law is that there must be “privity of contract”, meaning two or more parties must be party to the contract, for the contract to be enforceable by one of the parties in the event of breach. The above representations do not create privity of contract between any member of the community and BBC or KRPI.


Another basic rule of contract law is that there must be a mutual intention to create contractual relations. The subject letter is in the context of providing supplementary information to Whatcom County on KRPI's application to build a radio transmitter site, and refers to U.S. and Canadian regulations as governing resolutions of complaints. Clearly there is no mutual intent to create contractual relations between Whatcom County and KRPI. 


Further, the language in the letter does not specifically bind KRPI to resolving the blanketing interference to the satisfaction of members of the community.  Maintaining “complaint resolution services” and being “committed to working at its own expense to resolve any and all complaints of interference” are too vague to be enforceable in the case of breach of these representations and fall short of guaranteeing that blanket interference, or any other form of interference, shall be resolved. 

Because the proposed transmitter site is not located in Canada, Industry Canada and the CRTC are without jurisdiction to enforce against any breaches resulting from KRPI's activities incurring in the USA, and I am at a loss as to why KRPI's lawyers even mentioned Industry Canada.


Although I never was a US Lawyer, I make the following observations about the U.S regulatory scheme:


Independent of Whatcom County's criteria for consideration on KRPI's application for a building permit, the only source of relief in the event of radio interference are U.S federal statutes, being the 1927 Radio Act, as overhauled by the 1996 Telecommunications Act, which statute, by its preamble, ”intended to regulate all forms of interstate and foreign radio transmissions and to maintain the control of the United States over all channels of interstate and foreign radio transmissions.” Under paragraph D of the preamble, the Secretary of Commerce has power to suspend the license of any operator for a period not exceeding two years upon proof that the licensee has violated any provision of any Act or treaty binding upon the United States. The Federal Communications Commission (FCC) was established in 1934 by the Communications Act.


Section 14 of the Radio Act states that “Any station license shall be revocable by the Commission (FCC) for false statements in the application...which would warrant the licensing authority refusing to grant a license on the original application...”


Pursuant to Section 309(e) of the Communications Act of 1934, as amended, informal objections must provide properly supported allegations of fact that, if true, would establish a substantial and material question of fact that grant of the application would be, prima facie, inconsistent with Section309(k) of the Act. 


Mechanisms contained in the regulations governing procedure relative to the foregoing are that a Petition to deny must be filed within 30 days of the day that the FCC issues a Public Notice listing the application as “accepted for filing”. The Cross Border Coalition appears to have done so within these time constraints.


 However regulation 47 CFR 73.3587 Procedure for Filing Informal Objections provides:

“Before FCC action on any application for an instrument of authorization, any person may file informal objections to the grant. Such objections may be submitted in letter form (without extra copies) and shall be signed. The limitation on pleadings and time for filing pleadings provided for in § 1.45 of the rules shall not be applicable to any objections duly filed under this section.”


The “FCC action” on the application for an instrument of authorization, namely, adjudication on the Petition filed by the Coalition, has not yet occurred: Therefore there is still time for “a person” to file an informal notice of objection. 


Regarding blanketing interference, 47 CFR SS 73.88, 7318 states:

“The licensee of each broadcast station is required to satisfy all reasonable complaints of blanketing interference within the 1 V/m contour.”


For more detailed instructions concerning operational responsibilities of licensees and permittees under this section, see § 73.318 (b), (c) and (d).” 


Industry Canada regulation C-10.4 on Resolving Issues provides similar responsibilities.


In my view, “any person” as used in 47 CFR 73.3587 has no restriction, and would include a person residing in Canada, a Mayor of a Corporation (Lois Jackson) or a Cabinet Minister (James Moore of Industry Canada, or Minister or Foreign Affairs John Baird).


One Final Comment: There is no doubt that that the threat of blanketing interference is real, and can interfere with cell phones, computer monitors and hook-ups to the Internet, radio transmissions, hearing aids, pagers, etc to the extent that businesses relying on the Internet, cell phones, etc, are affected. There is a documented and continuous 15 year history in Ferndale, Washington of complaints by residents, which complaints are supported by elected representatives. The president of BBC broadcasting acknowledged a blanketing interference problem in a sworn affidavit filed in the FCC proceedings in February, 2014. 


Yours Truly, 

Ulf K Ottho
Delta, BC


Ulf Ohtto is a Delta resident and retired lawyer having retirement status with the Law Society of British Columbia, following 35 years of practicing law in the Delta Community.  He is a member of the Tsawwassen Coalition to stop the Radio Towers.  He presented his legal opinion to the Delta Council on June 23rd 2014.


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Important letter


Dear Honourable Kerry-Lynn Findlay and Honourable James Moore,


Recent articles and letters from the US department of the Interior below provide insight into the potential deleterious impact of the proposed 50,000 watt KRPI radio towers at the US border on avian mortality along the Pacific Migratory Flyway through Tsawwassen and Point Roberts.


The people of Tsawwassen need your support to Stop This Border Blaster.


Yours safely,

Jim Ronback, P.Eng. (retired)

Delta, BC



Avian mortality at communication towers in the United States and Canada: which species, how many, and where?  Biological Conservation 158: 410-419.

Longcore, T., C. Rich, P. Mineau, B. MacDonald, D.G. Bert, L.M. Sullivan, E. Mutrie, S.A. Gauthreaux, Jr., M.L. Avery, R.C. Crawford, A.M. Manville, II, E.R. Travis, and D. Drake. 2013. 

http://digitalcommons.unl.edu/cgi/viewcontent.cgiarticle=2160&context=icwdm_usdanwrc



Dept. of Interior Attacks FCC regarding Adverse Impact of Cell Tower Radiation on Wildlife.  The Department of Interior charges that the FCC standards for cell phone radiation  are outmoded and no longer applicable as they do not adequately protect wildlife.

http://1.usa.gov/1jn3CZg 



SUMMARY: The First Responder Network Authority (FirstNet) publishes this notice to request public comments on its proposed procedures for implementing the National Environmental Policy Act (NEPA). These proposed NEPA implementing procedures are necessary to assist FirstNet in establishing an NEPA compliance program and applying the appropriate level of NEPA review for activities undertaken by FirstNet in the design, construction and operation of the nationwide interoperable public safety

broadband network (PSBN).  DATES: Comments on the proposed procedures must be received by February 7, 2014.

http://www.gpo.gov/fdsys/pkg/FR-2014-01-08/pdf/2013-31495.pdf



About FirstNet

http://www.ntia.doc.gov/page/about-firstnet



Tell the FCC to reject the Pirate "Border Blaster" in Washington State

http://www.thepetitionsite.com/119/798/013/tell-obama-and-the-fcc-to-stop-the-bbcs-pirate-radio/

Informal Objection


Arthur Reber submitted the IO to the 

Federal Communications Commission (FCC) 

and to the attorney of the company 

that owns the radio station.


Click on the green button to view


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New matching funds donation challenge!

$3,000 offered by a new generous donor!


The $2,000 November matching funds donation was a huge success.  You collectively donated $2,000 and the secret donor matched for a total of $4,000 raised in November.


A new generous neighbor has offered to match up to $3,000. 


We urgently need these funds to hire attorneys and 

expert scientific witnesses for the permit hearing 

next month in Bellingham.


Please click on the Donate button to the right.

Or mail your check to 

PRTA / FTT

PO Box 158

Point Roberts, WA 98281


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Informal Objection of the Cross-Border Coalition

to be submitted to our 

Washington DC attorneys and eventually to the

Federal Communication Commission


click here to read


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Letter from our group's leadership


November 4, 2013

Suzanne Bosman
Whatcom County
Planning and Development Services

Re: Correspondence from Ms. Linda White Atkins of Davis Wright Tremaine, LLP


Suzanne:


We know you’re still working on the report for CUP2013-00004-KRPI Transmitter Site but we (the members of the Cross-Border Coalition) feel that we need to respond to the letter from Ms. Atkins of Davis Wright Tremaine, LLP, the firm representing BBC Broadcasting, Inc.


The letter is remarkable on several fronts. First, it acknowledges what no other document submitted by BBC Broadcasting has: the existence of the city of Tsawwassen, British Columbia, Canada and its approximately 24,000 residents (estimate based on growth since the 21,000 plus recorded in the 2006 census).


Second, it makes abundantly clear that by not previously mentioning this population center, BBC did not act in good faith in its initial application to the FCC nor to Whatcom County’s PDS. By extension, this omission allowed them to remain under the radar when it came to the FCC seeking clearance with Industry Canada (IC). So long as Tsawwassen and its high-population density parameters were suppressed, there was no reason for IC to object – and object they would have as is outlined below.


Third, the letter also acknowledges what we have known all along: there will be significant blanketing interference that will affect the thousands of residents and businesses across the border and not just the 300 or so identified in the original applications.


Fourth, the issue of enforcement is not broached. Ms. Atkins’ letter is a promissory note but one with no legal mechanism to back it up. The company can promise all it wants in order to secure the permit but once the towers are up they are under no legal obligation to carry through. This point is important. The FCC only requires that mitigation be carried out according to their guidelines in the US. There are no official mechanisms in place for cross-border complaints.


Fifth, independent of Ms. Atkins’ word that BBC Broadcasting will work to mitigate all complaints from Tsawwassen (and to do so even after the 1-year period has expired), it is virtually certain that they will not be able to. The reason is obvious – and it is precisely the reason why both the FCC and Industry Canada impose constraints on the proportion of a region’s population that lies within the 1 V/m contour (in the US) and the 250 mV/m contour (in Canada).


Because the towers are planned to be sited at a location that the neither the FCC nor Industry Canada would permit if all the facts were known, the proportion of the population of Tsawwassen that will be impacted by the interference is so large that even partial mitigation will be virtually impossible.


According to the letter from Ms. Atkins, KRPI has on call a single engineer who apparently lives in or near Ferndale. This person, one David Harris, presumably has a visa to work in Canada and has the ability to travel to Tsawwassen on a regular basis – and we say “regular” because the number of individual homes and business that lie within the 250 mV/m contour of the nighttime 50kW signal is the entire city of Tsawwassen and some of the surrounds. Hence, the population that would potentially suffer blanketing interference is approximately 24,000 individuals. To get a feeling for what’s involved here, let’s do a little counting.


Let’s assume that there are only some 15,000 individual homes, apartments, condos and business offices involved. Let’s also give them the benefit of the doubt and estimate that only about 15% of them will experience blanketing interference (this is based on the proportion of residents in Ferndale who filed complaints relative to the population there). This gives a minimum of 2,250 cases that will need mitigation. If Mr. Harris, who will be travelling up from Ferndale, is able to fix three instances a day it will take him at least 3 years to complete the job – assuming he has no other duties to perform for the company and that he can actually do three a day. It’s worth keeping mind that in Ferndale many complaints turned out to require more than one attempt and many ended up unmitigated.


In short, the promise to mitigate the anticipated blanketing interference that will hit Tsawwassenites is an empty one. There is no way they will be able to do this – and this estimate is on the “soft” side. There are reasons for expecting a significantly higher proportion of complaints in Tsawwassen than there were in Ferndale. The towers there are in a field some distance from population centers. The planned Point Roberts array will be within 950 feet of the border – across which is the most densely populated area of Tsawwassen. And, as noted in an earlier comment we submitted, within the community of radio aficionados AM stations that broadcast at 50 kW at night are called “blowtorches.” Wide-spread blanketing interference is the reason.


There was one other comment in Ms. Atkins letter that is almost embarrassingly self-serving. She notes that the company includes two documents (one a handbook) on how to mitigate blanketing interference. This handbook is simply the one the FCC uses as standard operating procedure. It is, in case you or anyone in your office hasn’t looked at it, virtually impossible to follow or use by anyone who doesn’t have a background in science and is comfortable with electrical work. Very few individuals without such experience will be able to carry out the complex and intricate procedures involved in shielding and filtering the unwanted signals. We can’t help wondering why Ms. Atkins mentioned these documents when the purpose of the letter was to ensure all concerned that BBC Broadcasting would mitigate all complaints and continue to do so even after the mandatory 1-year period.


We can sum up this analysis simply.

•If the population of Tsawwassen had been included in the original application to the FCC to relocate the tower array to Point Roberts, they would not have approved it.

•If the towers were to be sited a mere 950 feet to the north across the border, IC would never approve the project.

•As soon as the actual population density parameters are put into the equation (independent of the border) the project is immediately seen as wholly inappropriate and in violation of standard principles of the operation of AM radio stations in both the United States and Canada.

Best,

The Cross-Border Coalition:

Point Roberts -Arthur Reber, Mark Robbins, Jennifer Urquhart, Suzanne Rosser, Steve Wolff, Renee Coe

Tsawwassen - Nancy Beaton, Steve Graham, James Ronback


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Reasons why the towers should not be built

The proposed radio tower site is not consistent with the Point Roberts Character Plan and is only 330 meters (1,080 feet) from the border.


On both sides of the border property values around towers can drop 20%.


Five 150' towers blasting 50,000 watts during the day and 50,000 watts proposed at night would present a visual blight and a hazard to migratory birds along the Pacific Flyway.  Aircraft warning lights mounted on top the towers could be seen by residents on both sides of the border.


There are over a thousand US neighbors and several thousands of Canadians within a radius of 9,140' (2.786 km) - the radiation beam of the antennas directed towards Canadian listeners in Surrey, BC.


BBC Broadcasting Inc, has owned the KPRI AM broadcasting towers in Ferndale, WA, for 15 years.  BBC Broadcasting Inc. is a registered American corporation.  But the KRPI studio, 99% of the corporate officers & employees, the target audience, advertisers, and revenue are all in Canada.  


The FCC denied KRPI's request to raise their nighttime wattages from 10,000 to 50,000 watts.  KRPI is now trying to relocate to Point Roberts.


Why have a radio tower in Washington State?  Cheaper land and less onerous regulations than in Canada.  


Mark Robbins of Point Roberts stated:

"Americans on our peninsula were given scant public notice: KRPI Radio and its owner BBC Broadcasting Inc ran the minimal one-inch ad in the Bellingham Herald, which isn't sold in Point Roberts."


"The FCC's notification to the good people of Point Roberts was published much earlier in the Federal Register, which of course no normal person follows.  It's a source for insiders."


"South Deltans, who will be severely affected if this move is made, were given no notice at all, so we have many questions and several concerns."



A multitude of potential health risks like insomnia, headaches, and hypertension have been reported worldwide.  Cancer clusters have been reported around long-operating European AM radio stations.  Some people's health will be more affected than others.


The International Agency for Research on Cancer (IARC) in 2011 declared that Electromagentic Energy shall be classified as Class 2B Carcinogen akin to the now infamous Benzene chemical.  IARC is a subgroup of the World Health Organization. 

Click here to read IARC Classifies Radiofrequency Electromagnetic Fields as Possibly Carcinogenic to Humans


A cell phone is a 1/2 watt device you use 30 minutes per day.  The proposed AM Transmitter is designed to be a 50,000 watt system that everyone is exposed to 24 hours a day, 7 days a week, 365 days a year.


Click to read an article in the American Journal of Epidemiology Radio-Frequency Radiation Exposure from AM Radio Transmitters and Childhood Leukemia and Brain Cancer "


In Ferndale blanketing interference caused problems with radios, televisions, DSL connections, landline reception, Ham radio transmission, First Responder hand-held equipment, personal safety / medical devices, and public address systems.  Some people experienced shocks and burns when working with metal.


KRPI engineers "overlooked" 21,000 Tsawwassen residents - probably so they could give short shrift to Point Roberts' 1,300 American residents in a falsely-described "low density, rural, economically depressed" area.


 


The Point Roberts Conservation Society is behind the Stop the Radio Towers email list.  PRCS is assisting in the NoTower.com website project.


The Point Roberts Conservation Society is a nonprofit foundation, registered in 1993. We are committed to providing education on responsible land use, indigenous history, protection and sustenance of our unique environment of forest, wetlands, and coastline. 

We welcome new members: [email protected]

http://prcsorg.com/

Topics for your letter of protest

Our concerns fall roughly into five categories; economic, environmental, social, complaints about the process, and RF blanket interference (arguably the most serious).


Although the FCC has granted a license to KRPI, Whatcom County must still approve the site of the radio towers in Point Roberts, at a public hearing, before issuing a Conditional Use Permit (CUP) for the tower. Comments from the public regarding the CUP hearing must be directed to Planning and Development Services.


Send your letters, emails, and phone calls to:

Suzanne Bosman

Whatcom County Planning and Development Services

5280 Northwest Drive

Bellingham WA, 98226

(360) 676-6907

email: [email protected]


Issues overlap, but here are few points that you may include in your letter, email or phone call to Whatcom County Planning and the other addresses on the Home page.



RF INTERFERENCE / BLANKET INTERFERENCE

RF interference or “blanket interference” is very serious and can affect many electronic devices causing “ghosting” of KRPI signals. This very important, and anyone close to the transmitter (or sitting at the border, listening to the radio) should be concerned. The FCC bends over backwards to avoid dealing with this issue.


There is strong likelihood of Blanket Interference with many electronic devices, and reception of other radio stations.  Blanket Interference affects home and car radios, computers, home phones, TVs, walki-talkies and other devices not intended for radio communications.  This was well documented by the residents of Ferndale who suffered for many years with this problem.  Reading their complaints is horrifying.  You can find examples of their complaints here:


Residents Against High-Power Radio Interference, 2005

https://licensing.fcc.gov/cdbs/CDBS_Attachment/getattachment.jsp?appn=101484673&qnum=5130&copynum=1&exhcnum=4


In spite of the complaints from the public about radio interference, the FCC approved the renewal of KRPI’s license.  FCC rules exclude most electronic devices.  In other words, your phones, stereos, musical instruments, doorbells, public address systems, and other similar devices are excluded from RF interference rules.  More importantly, emergency communication devices will be affected.


This information is taken directly from an FCC letter re: KRPI’s application for renewal in Ferndale. The letter is shocking for its “Big-Brother-Newspeak” language that seems to defy logic.  Read it for yourself:

FCC Letter re: KRPI, Feb 19, 2007

http://licensing.fcc.gov/cgi-bin/prod/cdbs/forms/prod/getimportletter_exh.cgi?import_letter_id=8700



ECONOMIC

There is nothing in the proposal that benefits Point Roberts economically; no jobs, no improvements to roads, schools or parks, no local purchases.


Property values of adjacent properties will be directly affected by this industrial use. It is difficult to know if or how other property values could be affected, but the fact that towers will be visible to visitors lined-up at the border does not bode well as a first impression to visitors.


If allowed to go ahead, the area around the transmitter will be undesirable for future development.  No one will want to live or work in the area, and certainly not invest in property.  Owners of adjacent land will look to the county for compensation for loss of quality of life and reduced property values.


AM radio is a dying format. What will happen if the operation fails? Has a “Pandora’s Box” of industrial development been opened? Will we loose so much for no good reason?


Where one broadcaster sets-up, others often follow.  Once the precedent is set, there is little to stop other pirate broadcasters from seeking the same opportunity.  Antennas tend to cluster together.  We should prepare for more of the same.


There has been discussion of Point Roberts installing its own low-power radio station providing local news, information, and music to the community.  KRPI, being a high-power station, may preclude that possibility, or make it difficult to find a clear frequency because of RF interference.



ENVIRONMENTAL

There is much for Point Roberts to lose; the land base is limited and this project takes 10 acres of prime wildlife habitat and subjects it to clear-cutting and fencing that will permanently alienate the land from wildlife. Point Roberts is also part of a migratory path for birds and towers will cause many deaths to these birds.


Vacant, undisturbed land performs important environmental services; cleans air and water, provides food and shelter for wildlife. Point Roberts has established itself as a tourism/recreation destination.  Undeveloped land is a valuable asset because of its environmental function.  When land is legally developed, it should be to everyone’s benefit to get highest and best use from of the land; development can, and should, provide housing or other services.  



PROCESS

Bluntly, the FCC is no friend of the public.


We believe that the FCC should not approve a radio station that neither serves the community where it’s located nor should it condone deliberate encroachment on the public airwaves of another nation. We believe that the FCC has an obligation to insure that public broadcasters serve the Public.


The FCC was once a public watchdog with a mandate to insure the public broadcasters operate “in the public interest, convenience, and necessity”, but they have lost sight of their mandate and is now the lapdog of corporate interests ignoring public health, safety, and the environment.



SOCIAL

This development is designed to broadcast into Canada, yet Canadians are not invited to comment (although Canadians can, and should comment!) They will be affected!  By setting-up in Point Roberts, KRPI circumvents Canadian broadcasting regulations.  Many will see KRPI as a pariah, and stain Point Roberts' reputation in the process.


Click on the blue button above to read letters of complaints by Ferndale residents.


Sampling of letters by Point Roberts and Tsawwassen residents


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Letter to Suzanne Bosman at the building permit office


Hi Suzanne,


I believe you are aware that the Point Roberts community came together to file both a formal petition and an informal objection to the FCC's renewal of the Ferndale broadcast license for BBC Broadcasting (expiration February 1).


We have been advised by our attorneys that the FCC has granted BBC Broadcasting a delay on the deadline for them to respond to our filings until February 13.  We then have until March 5 to reply to their response, and the decision by the FCC will follow.


Clearly we are hoping the FCC will deny the renewal, which makes the Point Roberts Conditional Use Permit (CUP) moot as they will no longer be licensed in the US.


We felt this schedule might be of interest to you.  Between now and then, BBC's lessee - KRPI/Sher-E-Punjab Radio - will be going before the Canadian version of the FCC (CRTC) to pursue some available frequencies in Canada (we believe their hearing date is January 29).  


There was some documentation presented to the CRTC which indicated KRPI/Sher-E-Punjab would abandon their Ferndale towers (and the Point Roberts project) if they are granted "repatriation" to Canada.  We will be watching with interest and if you'd like, we can forward the results of the hearing.


Best regards,

Jennifer Urquhart


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Letters from Beaton, Graham, Industry Canada for website

11/2013


To: WSHDC (Infocentre)

Cc: minister.industry@ic.gc.ca[email protected]; Hon. Kerry-Lynne D. Findlay, PC, QC, MP; Kerry-Lynne Findlay; mayor; [email protected]; Vicki Huntington; Steve Graham; Reber, Arthur; Nancy Beaton; Delta Optimist; [email protected]


Subject: Fwd: Proposed KRPI AM Radio Towers in Point Roberts, WA

 

Dear Ambassador Doer;

As our Canadian Ambassador in Washington the "Cross Border Coalition" wish to bring the following to your attention concerning the proposal by a US/Canadian company (BBC Broadcasting in the US and Sher-E-Punjab Radio, Inc. in Canada) to relocate their 50,000 watt KRPI AM radio transmission towers from Ferndale, WA to Point Roberts, WA, some 350 meters from the international boundary.


In all applications (FCC and Whatcom County) the existence of Canada and the 21,000 plus residents of Tsawwassen are not acknowledged and the normal parameters for estimating the impact of blanketing interference on local residents and businesses are ignored. The FCC has preapproved the station to broadcast at a staggering 50 kW 24 hours a day.

Please see below for further details on the applicant's significant number of omissions, misrepresentations and inconsistencies.

We are asking for whatever assistance you may be able to offer to bring this grievous proposal to the attention of the FCC and Industry Canada so that both authorities will re-open their files and reconsider their approval of same.

Thank you.

Nancy Beaton

On Behalf of the Cross Border Coalition against KRPI's Radio Towers in Point Roberts, WA


The Honourable James Moore, PC, MP, Minister of Industry Canada
C.D. Howe Building
235 Queen Street
Ottawa, Ontario  K1A 0H5

Dear Minister;

It has been brought to our attention through conversations with Vicki Huntington, MLA and Mr. Jesse Johl in Minister Findlay's office that Industry Canada is looking

into the proposal by a US/Canadian company (BBC Broadcasting in the US and Sher-E-Punjab Radio, Inc. in Canada) to relocate their KRPI AM radio transmission towers from Ferndale, WA to Point Roberts, WA, some 350 meters from the international boundary.

This project is being challenged by a cross-border coalition of residents in Point Roberts and Tsawwassen. We have explored virtually every element of the original application to relocate submitted to the FCC and the subsequent application to Whatcom County's Planning and Development Services (PDS). There are a significant number of omissions, misrepresentations and inconsistencies.

Most glaringly, in both applications the existence of Canada and the 21,000 plus residents of Tsawwassen are not acknowledged and the normal parameters for estimating the impact of blanketing interference on local residents and businesses are ignored. The FCC has preapproved the station to broadcast at a staggering 50 kW 24 hours a day. 

This has led to a most unusual situation. Were the towers to be located a mere 350 metres to the north, above the 49th parallel, Industry Canada would almost certainly not approve the project. Were the residents of Tsawwassen included in the original application, the FCC would not have approved it. Neither regulatory body permits AM signals of this power to emanate from the spot of the highest population density in the region.

Yet it has now received a formal approval from the FCC and a "pass" from IC.

Our coalition has put together a series of position papers that we have submitted to Whatcom County's PDS. Two of them are relevant to the issue from the Canadian point of view. One outlines the nature of the company and identifies the places where critical information was omitted. The other analyzes the physics of the planned transmission towers, the interference contours and identifies the areas of maximum likelihood of blanketing interference. Minister Findlay's office has these two papers. In case they have not made their way to your computer, we've attached them here.

We are asking your ministry to re-open the file and revisit the original decision. We believe that, initially, IC only focused on the guidelines in the 1984 Ottawa Agreement. We feel that it is important, for the well-being and quality of life of the residents in both Tsawwassen and Point Roberts, to review the application with the cross-border population density parameters factored in. By our calculations (see the attached file "Analysis of the siting criteria") the ratio of individuals within the two critical interference contours violates IC standards by something like a factor of 30 (perhaps more).

We note that the Whatcom County PDS is under time constraints to make their recommendation to the Hearing Examiner who will rule on the land use application. If IC is to file an appeal with the United States FCC, the "time is of the essence" guideline applies.
Thank you for your consideration. 
Sincerely, 
Signed on Behalf of the Cross Border Coalition

Steve Graham, Ph.D., P.Geo.  Tsawwassen (Delta), BC  V4L 2G3
Nancy Beaton  Tsawwassen (Delta), BC  V4L 2G3
Arthur S. Reber, Ph.D.  Point Roberts, WA USA

Attached:     
1.    An analysis of siting critera for the KRPI 5.pdf
2.    Omissions and misrepresentations in KRPI's applications.pdf


##########################


Industry Canada's response:


Dear Ms. Beaton, on behalf of Ambassador Doer, let me assure you that we have passed on your concerns to Industry Canada.  Industry Canada is well aware of the situation and is currently investigating.  The Government of Canada has also contacted the U.S. Federal Communications Commission to bring the concerns of the residents of Tsawwassen to their attention and to discuss this situation with them.

 

Sincerely,

Martin Moen
Minister-Counsellor (Economic and Trade Policy) | Ministre conseiller (Politique économique et commerciale)
[email protected]
1-202-682-7753
501 Pennsylvania Avenue, NW
Washington, DC 20001-2114
United States of America


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Dear Suzanne Bosman and the Planning Development Services (PDS) 

RE CUP2013-00004 Application


I totally oppose the proposed KRPI towers proposed for here in Point Roberts.


Their Conditional Use Permit (CUP) application requires that the Planning Dept approve the adherence of their application due to a variety of federal, state, and county regulations.  I believe there is ample proof that it does not meet your criteria for a CUP approval.


ZONING

The site is zoned R5A. PDS has zero requirements to force a CUP approval for an enterprise of an industrial type over the nature of the surrounding land use.  The Point Roberts Character Plan as written and amended clearly call for review and approval. The Character Plan has recently been reinvigorated by the actions of the Executive to involve the PRCAC to appoint a new committee, perhaps under a new organization, to review, renew, and use the Character Plan.


I quote the Character Plan as amended:

Clearly the portion “all commercial and institutional structures ... shall conform to the requirements of the adopted Character Plan” is critical.


Converting forest to an industrial 5-structure 150 ft antenna farm in no way fits R5A zoning unless there are adjacent lot approvals of previously approved industrialized activity.  There are none in this case. To make my point, an “adjacent approval of previously approved industrialized activity” example was the Hearing Examiner’s CUP approval for a TV tower 300 ft south, off Johnson road, sited between the existing “dump” and the Whidbey communications tower, both industrial by any standard.


In contrast the PDS refused an earlier application of the same TV tower by the same applicants on the nearby corner of Monte and Johnson, seemingly because “That application was disallowed after residents complained about the inappropriateness of its location.”


PDS: How is the proposed site different from the corner of Monte and Johnson, seemingly because “That application was disallowed after residents complained about the inappropriateness of its location.”?


PDS: How could the site proposal be approved for a CUP in the face of the Character Plan’s “all commercial and institutional structures ... shall conform to the requirements of the adopted Character Plan.”?

The Character Plan will not and cannot allow 5 acres of a farm of 5-structures of 150 ft antennas on the proposed site.


DAMAGES & LIABILITIES

FCC Regulations clearly demand “remediation” for “blanket interference” as evidenced by KRPI’s documents.


Let's get real, as they say, how much “remediation” for “blanket interference” did Ferndale receive by the very same company (KRPI) that is applying for a CUP in Point Roberts?


PDS: Ask the Ferndale residents how much “remediation” they received from KRPI please. They have been complaining for 15 years! Obviously KRPI is a failed organization and a rogue corporate community member.


Damages for “blanket interference” isn’t the only Ferndale’s complaints, they include electrical shocks 1 mile away, yes Electrical Hazards. The FCC regulations clearly state a facility cannot cause shocking anywhere on their facility. How about in the community?


Damages due to RF interference are not limited to “blanket interference”, they include Electrical Shocks, Inability to Work or Communicate. How much are these damages COSTING FERNDALE? The FCC and the courts consistently deny legal awards to pay these Damages.


PDS: You MUST deny this application because Point Roberts will have no recourse for damages once the towers are functional because of the FCC rules.


Additional damages include loss of health or freedom from RF induced irritation and even pain is also on the table if this application is approved. The FCC’s limits of 200 uW/CM2 are roughly 2000 TIMES greater than the level where the current scientific evidence states the power level lays for NOT initiating any DNA damage (yes DNA damage) lay.


As an engineer, my estimate of the radiation on the working and sleeping neighbors within 1000 ft will exceed the insurably DNA safe level by about 200 times!


PDS: Ask yourself if you can approve a nearly exactly same tower farm in Point Roberts when at least one Ferndale resident is experiencing electrical shocks 1 mile away! Can the PDS even presume that either the FCC approval of, or KRPI, have designed a NEW system design that will not cause damage that are any different from the Ferndale damages, when both are 50,000 watt transmitters?


ECONOMIC

Property values of adjacent properties will be directly affected by this industrial use. It is difficult to know if or how other property values could be affected, but the fact that the towers will be visible to visitors lined-up at the border does not bode well as a first impression to visitors.


PDS: What is your legal responsibility in approving a CUP when it results in the loss of property values? Certainly the nearby property owners know that no one will buy a house or property so close to the antenna farm. In some cases that could cause a catastrophic drop in property value. Do owners sue KPRI or the PDS? I do not know and do not want to see that happen to anyone.


ENVIRONMENTAL

This project will destroy 5 acres (out of 10) of forest and impact all the nearby properties’ natural function. 


Again very few areas zoned R5A should be converted into barren and even dangerous industrial commercial interests. Heck we already have done that to the 3 properties around the “dump”, do we need to do this more?


Keeping as much of Point Roberts with green and natural areas for homes and even quiet business is perfectly acceptable and promote Point Roberts’ Character and Economic Plan.


PDS: Point Roberts’ residents and business owners all want to keep Point Roberts forested, and a little rural, and not become Bellingham, Seattle, Vancouver or even Tsawwassen.


SOCIAL

Point Roberts cannot and will not tolerate:

The loss of quality of life

The loss of property value

The imposition of electromagnetic interference, even pollution 

The HELL that the empirical evidence is suggesting Ferndale residents are experiencing.


PDS:  Ask yourself why would anyone want to come here and buy or build homes and businesses once Point Roberts degrades for 1 week, 1 month, 1 year, 15 years, or forever!


Would PDS approve?

A chemical refinery

A jet engine testing facility

A toxic waste dump

A 24/7 truck painting company

PDS: You get the picture.  No, you would not approve the above examples.


The 50,000 watt 5-tower 150 ft antenna farm is EXACTLY IN FACT the same as my examples above, in truth, regardless of FCC or any other agency's tacit approval.


It's possible that the agencies don't care about Point Roberts BUT YOU DO!


Thank you,

Steven B Wolff, MSME, 18 patents

CTO, All Clear Diagnostics, Inc.

Chairman, The Lubzinski Center for Innovation


####################################################################################################


Honourable James Moore, Minister of Industry

and

Suzanne Bosman

Senior Planner

Whatcom County PDS

5280 Northwest Drive

Bellingham, WA 98226


(360) 676-6907


Subject: Polluted airwaves are coming to Tsawwassen and Point Roberts


The airwaves in Tsawwassen, BC and Point Roberts, WA will be highly polluted and disrupted if the KRPI 1550 AM antenna farm is relocated from Ferndale, WA to Point Roberts, WA. 


The town of Tsawwassen aceoss the border, just 330 meters (361 yards) from the antennas, will be swamped by a powerful 50,000 watt signal that will cause Radio Frequency (RF) blanketing interference. This 24 hour signal will overwhelm all sorts of electronic devices within the FCC specified 1 volt per meter electric field contour, making them unusable.


I took the predicted KRPI blanketing RF interference contour map of 1 Volt/ meter for Point Roberts shown below from the FCC files and merged it with a Google map at the same scale. Then I extrapolated the two day and night truncated contour curves by hand from the US side into Canada. Of the 5 towers they use a different subset of 3 towers for day and nighttime broadcast to get the different patterns.The larger nighttime pattern is pointed away from the FCC Ferndale monitoring station. See attached file.


It's clear to see why the KRPI  RF interference maps showed nothing above the border so as to not upset the blanked out 20,000+ Canadians in addition to the residents of Point Roberts who are vehemently oppose to this plan.


A lot of people within those two RF blanketing interference zones in Tsawwassen and Point Roberts will be highly  disturbed and annoyed during the day and especially at night when their radios and TVs, telephones, baby monitors, ham stations and emergency services do not work.


For 10 years, the residents in Ferndale complained to the FCC about RF blanketing interference, asking FCC to have the KRPI antenna farm moved elsewhere. The engineering consultants hired by the owners of KRPI looked at several WA sites with much lower populations and they found one at1563 MacKenzie Way in Point Roberts. But they deliberately ignored the impact on 21,000+ residents living in Tsawwassen next door, only 330 meters (361 yards) away.


The owners of KRPI, Bhag S. Khela and Gurdial S. Badh, of BBC Broadcasting, Inc., Kent, WA, have their production studios in Richmond, BC. They already have the FCC relocation permit since Industry Canada did not object, as they were only concerned with interference with other Canadian radio stations on nearby frequencies and not with the RF blanketing interference with nearby residents. 


Currently the owners are waiting for the site to be permitted by the Watcom County Planning Department. This may occur only after a public hearing is held by an official Examiner in Bellingham. The meeting is open to Canadians as well to provide testimony. The date is yet to be determined.


The residents of Point Roberts and Tsawwassen have been kept in the dark. KRPI owners must now be directed to provide more complete maps showing the RF blanketing contours on maps that show how they will affect both US and Canadian residents instead of just the truncated one that show little or no details above the border. This was either deliberate ignorance or obfuscation by omission or both.


I also need to see the 100 V / m contours since that is the limit recommended by Medtronics for my pacemaker defibrillator. It should also show the maximum permissible exposure (MPE) contour of 614 V / m. 


These 5 towers lit at night can have a serious impact on the migratory birds using the Pacific flyway and the herony used by the great blue herons.


RF blanketing interference does not stop at the border.  The protection of the public and the ecology in US and Canada must not be limited by political boundaries.  Engineering ethics should not be constrained by borders.


In the meantime I ask all those that will be impacted to write to all levels of government in Canada and USA including the FCC, CRTC and Industry Canada to prevent this ill-conceived border blasting broadcast towers from happening on the border in Point Roberts,


Yours safely,

Jim Ronback, P.Eng. (retired System Safety Engineer)

Tsawwassen, BC


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Dear Suzanne Bozman, 


I am writing you with my comments on proposed radio towers in Point Roberts: KRPI Radio - CUP2013-00004 and SEP2013-000032.  Whatcom county has accepted an application for a conditional use approval to install a 50,000 watt 150 foot tall five-tower AM radio array.


Being a property owner within a thousand feet of the development, this affects me deeply.  I read a story about someone living near an AM radio station and didn't like what he had to say:

http://www.newtonma.gov/civicax/filebank/documents/30079

Chronic insomnia, headaches, dizziness, nausea, failing memory, &  irregular heartbeats.  I read more and it got worse.  


I decided to look at a book on the topic of zoning for radio stations and after reviewing the data and the actual application with local zoning laws, I came up with several pages of objections listed below.  This affects ALL of Point Roberts and ALL of Tsawwassen - negatively impacting both communities in numerous ways described in these comments regarding the radio tower proposal.


The short version:

These towers are UGLY w/ blinking red lights high above treeline. They'd be the first thing seen crossing the border.  They'll make quite the impression on the 7,000+ people that vacation in our resort community.  


Perhaps if we could take pride in a station representing Point Roberts but 99% of locals can't understand the language of KRPI broadcasts.  


The 50,000 watts of transmitting power is INSANE.  Point Roberts would only need 10-100 watts to service our community.   


There will be radio interference issues for locals and homeland security: problems with telephones, slower DSL, inability to use radios.  


Then consider environmental issues: dead migrating birds, radiation doubling the Leukemia rates for all of Point Roberts and Tsawwassen, BC. IT'S TERRIBLE!!!  


This radio tower does not serve the community and should not qualify as a public utility.


The extended version:

A grant of the application would be prima facie inconsistent with the greater public interest.  The radio station does not broadcast in the English language but in a language spoken by less than 4%.(2010 census does not divide Asian versus east Indian so the actual number is most likely less than 1%) of the local community.  The target audience for this radio station is not even based in the United States. 


The towers are in blatant violation of local zoning height restrictions for structures in: Rural Residential (20.32.400) 35 foot height restriction Point Roberts Transitional Zone District (20.37.400) - 25 foot height restriction Point Roberts Special District (20.72) maximum 45 foot height w/ restrictions.  Proposed setbacks don't even match zoning that does allow for increased height such as industrial where setbacks must be increased one foot for each foot of height above 35 feet. 


This conditional use permit is linked with 20.82.030.5 Public Utilities (again, what public service is being provided if 99% of the local population receives no benefit?).  This statute does not over-ride the above height restrictions nor does it even mention siting priorities. While 20.82 is not associated with 20.13 personal wireless communications, that section does offer siting priorities for antennas.


Siting Priorities. 

Listed in descending order with the highest priority first

(a) Collocated attached antennas on nonresidential buildings and structures including existing wireless communications towers in nonresidential related districts.

(b) Collocated attached antennas on nonresidential buildings and structures including existing wireless communications towers in residential related districts on property not used exclusively for residential purposes.

(c) Attached antennas on nonresidential buildings and structures in nonresidential related districts.

(d) New support structures at remote, low visual impact locations in resource and industrial districts.

(e) Attached antennas on nonresidential buildings and structures in residential related zones on property not used exclusively for residential purposes.

(f) New support structures at low visual impact locations in commercial districts.

(g) Locations other than those listed above. Note - using residential land should be considered only after exhausting the first four options for siting communication towers.  What due diligence was performed that concluded other more suitable sites were not available?


The FCC Commission regulations are designed to encourage transmitter sites to be located in rural areas, away from concentrated population areas.  Our Canadian neighbors to the north have a major urban area just 1,000 feet away.  There are hundreds of homes in the area around these proposed antennas.  


The FCC's obligations do not require federal agencies to consider socio-economic factors such as diminished property values in cases where there is no requirement for environmental impact analysis (as the current Adapt Engineering July 2010 study has determined).  Other cases in Washington State, such as Snohomish County have proven that nearby property prices are reduced once radio towers are built.  I do not wish to have my property value lowered by this project.  


These radio towers will be the most prominent feature you see as you wait in line at the border to enter Point Roberts - completely out of character for our return to nature refuge from the city.  I do not wish to have my community's resort image debased and devalued for our 7,000+ vacationers due to a project being allowed that does not service any community needs.


On site backup generators create noise and would most likely violate the 45dB limit and are not compatible with residential zoning.  


Point Roberts regularly experiences power outages - sometimes lasting for multiple days, this makes this an important issue.  Antenna-support structures are inherently an attractive nuisance that is dangerous and attracts children to climb it.  Anti-climbing attempts such as large fencing and razor wire do not fit into the rural resort character of Point Roberts.  


Zoning requirements for radio towers typically require at least 3 TIMES the height of the tower distance away (which would be 450 feet for this proposal) from single-family or residential units as well as vacant residentially zoned platted land so that radiation levels do not exceed FCC maximums at property boundaries the proposed layout fails to address these typical requirements. For the towers being sited on this particular ten acre parcel it's impossible for the towers to be more than 250 feet away from homes and businesses (the proposed antennas locations are surrounded on all except the southwest side).   


Exposure to radio frequency is very dependent on distance from the source (radio towers) and utilizes the inverse square law for radiation (by which the electromagnetic field of the transmitted signal decreases as the inverse of the square of the distance). 


I am an electrical engineer and I know the radiation exposure for neighboring properties would be well above the current insanely high FCC limits (and yes, there are limits for radio towers unlike the blanket exemption granted to personal wireless communication devices).  These towers require a much larger property to not exceed the FCC's limits for radiation exposure at the property boundaries with consideration of their output power.  This issue alone MANDATES an Environmental Assessment.  


Radio Frequency (RF) causes interference to radio and non-radio devices slows down cable modems and DSL systems by adding noise to the signals, induces feedback in computer speakers, and interferes with cable television, satellite systems, cordless phones, cell phones and just about any other wireless device.  I do not wish to live with this resulting interference.  


The location of the proposed antennas is adjacent to the power lines feeding ALL of Point Roberts and the elevated magnetic fields could result in elevated powerline harmonics that would cause interference in ALL Point Roberts homes.  Whatcom County cannot even debate interference based arguments due to a controlling and preemptive federal statute (47 USC =A7 302a(f)(2) that states that municipalities have no authority to act with respect to interference from radio towers (purposefully written because the FCC KNOWS radio towers cause significant interference): Southwestern Bell Wireless Inc. v. Johnson County Board of County Commissioners, 199 F. 3d 1185 (10th Cir. 1999) cert. denied 530 U.S. 1204 (2000).  The court found that there was complete federal preemption of the field. Allowing local zoning authorities to condition construction and use permits on any requirement to eliminate or remedy interference stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.


In Broyde v. Gotham Tower =2C 13 F. 3d 994 (6th Cir. 1994), the neighbors of a commercial radio tower sued the operator and the station tenants, claiming common-law nuisance by interference with all manner of radio, TV, telephone, garage-door opener, and other home electronic devices.  The case was dismissed as the complaint had not stated a claim upon which relief could be granted. While the interference issue can only be addressed at a federal level, it seems pointless to grant conditional zoning approval and grant building permits when interference with Homeland Security communication equipment located within 1,000 feet of the towers will most likely prevent the radio towers from ever being operated.


The towers could negatively impact aircraft radio or navigation equipment operations or aircraft instrument guidance systems for aircraft operating out of the Point Roberts airport as well as the Canadian Boundary Bay airport.  


Even though the FAA has granted preliminary approval of this tower location as the proposed towers are higher than 20 feet above the surrounding trees and are closer than 20k feet (3.8 miles) to the Point Roberts airport according to FAA policy they will need to be lit.  How could this application neglect to mention this important fact?  Illuminated towers do not fit into the character of the Point Roberts Special District and significantly increase the chance of bird strikes which would necessitate an environmental assessment study be performed.


It is doubtful that the United States Fish and Wildlife Service were consulted in the planning of these towers which are located in a major migratory bird pathway and most likely do not comply with the Migratory Bird Treaty Act.  A Biological Assessment was done in June 2010 and found no endangered species or critical habitat.  In the past few years I have regularly seen bald eagles (Haliaeetus leucocephalus - Endangered), as well as frogs and salamanders (Rhyacotriton - Threatened) and can supply photos near my property adjacent to the proposed site.  This assessment is obviously limited in scope and out of date.  Also, while this land is adjacent to a former Heron rookery, since abandoned, in talking to a biologist, he stated many nesting sites are reclaimed 30 to 40 years later.  


A cell phone tower's power output varies with low power ones, typically used on top of buildings, at around 100mW to higher power ones that may be as much as 10W to 80W in some rural areas.  There have been documented observable biological effects at these radiation levels - all FAR BELOW the planned 50,000 watts of these radio towers.  Current FCC emission limits specific Absorption Rate/SAR) for radiation is0.08W/kg.  These limits would most likely be exceeded for more community members than the number of local radio station listeners.  Again, where is the public BENEFIT of this so-called public utility?  


Recent studies show radiation levels of 0.001 W/kg allows toxins to cross the blood-brain barrier (increasing brain cancer risk), levels of 0.04 W/kg reduce sperm count, levels of 0.09 W/kg (just slightly above allowable FCC levels) damages DNA and DNA repair ability.  Children and developing fetuses are even more vulnerable.  http://www.bioinitiative.org/conclusions/ 


Being a property owner within a thousand feet of the proposed towers, this issue affects me deeply.  I urge the decision to outright deny conditional use permitting due to all of the issues mentioned above.  A public utility exemption that doesn't service the local community simply should not be allowed under any circumstance.  This extremely flawed proposal, at the very minimum, requires an environmental assessment to expose the numerous errors and misjudgments made in consideration of the 50,000 watt AM radio towers being built upon this particular piece of property.

 

Sincerely,

Kevin Melsheimer

Point Roberts, WA


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Honourable Ms. Kerry-Lynne Findlay                       October 2 2013

Minister of National Revenue

MP for Delta-Richmond East

607 Confederation Building 

House of Commons 

Ottawa, Ontario  K1A 0A6


RE: Meeting, please: 

Tsawwassen RF blanketing interference will exceed

IC-CRTC criteria 45 fold

 

Dear Minister:


Members of the Tsawwassen and Point Robert's NoTower group would like to meet with you before KRPI's plan to move its 50,000-watt 1550 AM radio transmitter to the Tsawwassen-Point Roberts border goes before Whatcom

County's hearing examiner in November.

 

South Deltans, who will be severely affected if this move is made, were given no notice at all, so we have many questions and several concerns.


Mark Robbins of Point Roberts points out that Americans on our peninsula were given scant public notice: KRPI Radio and its owner BBC Broadcasting Inc ran the minimal one-inch ad in the Bellingham Herald, which isn't sold in Point Roberts." He adds that "the FCC's notification to the good people of Point Roberts was published much earlier in the Federal Register, which of course no normal person follows." It's a source for insiders.

 

Retired system safety engineer Jim Ronback, a constituent, has been doing technical analyses to which you've been made party. One point has us puzzled: The Industry Canada (IC) staff who reviewed the FCC's approval of KRPI's plans to move its transmitter from Ferndale--where it's unwelcome--to Point Roberts appear to be ignorant of the Tsawwassen-Point Roberts peninsula.


We find no evidence that the IC staff noticed that 21,000 Tsawwassenites live right up against this transmitter's proposed site, in Point Roberts, only 330 meters from the border. All of Tsawwassen is within the radio frequency (RF) blanketing zone of 1 volt/meter. That signal strength will overwhelm and disrupt electronic devices, such as radios, TVs, baby

monitors, emergency services, et cetera. This disruptive fact was omitted in KRPI's consulting engineers' site selection report to the FCC upon which IC staff relied for information when they did not object to KRPI's FCC construction permit approval.


What's more, the FCC awarded KRPI permission to increase its nighttime signal of 10,000 watts in Ferndale to 50,000 watts if this array is set up in Point Roberts without notice to those of us who will be affected - 21,000 or so Deltans and 1,300 Americans. KRPI currently broadcasts at 10,000 watts in the nighttime and is received clearly here, so we don't see why KRPI needs to boost its nighttime signal 500 per cent.


KRPI admits in its application for a Conditional Use Permit (CUP) from Whatcom County that there will be blanketing RF interference and provides a plan for mitigation that does not include Canada and which did not work completely in Ferndale. Blanketing interference in Ferndale, before the full 50,000 watts at nighttime, created problems with all types of

electronic devices, computers et cetera, many of which were never solved and which contributed to the station's desire to move. Blanketing interference does not stop at the border and, in fact, since this station's audience is Metro Vancouver and environs, it may be worse in Tsawwassen, given the direction of the signals.


Jim Ronback's analyses extended the RF blanketing contours across the border into Tsawwassen. If this five-tower antenna were proposed for a site 330 meters further north, above the 49th parallel, into Canada, it would not meet IC-CRTC site selection criteria. It would be rejected because it exceeds the population allowed within the RF blanketing zone by 45 times.


(See C-10.3.1(c) of BPR-2 - Application Procedures and Rules for AM Broadcasting Undertakings. The FCC has a similar rule: 73.24(g))


The KRPI engineers' other impact and potential signal redirection omissions include the American and Canadian border stations' sensitive electronics,  Puget Sound Energy's electric sub-station, BC Hydro's high-tension lines to Vancouver Island, emergency services antennas, parks and golf courses on both sides of the border, schools, day cares . . .


The KRPI engineers cite the location of the protected FCC Ferndale Monitoring Station in their arguments against KRPI's re-siting its transmitter at other locations on Whatcom County's mainland, but we haven't been able to verify that this monitoring station is operational. It was to have been closed in 1995. Many claim that it has been closed; others suggest

that it might be an unmanned station under remote control. This Monitoring Station's protected status needs to be confirmed. If the territory reserved for a monitoring station in Ferndale is no longer needed, FCC statutes may need to be updated.


During our meeting, we can pose further questions about the integrity, adequacy and due diligence provided in the engineering report that KRPI used to get permission from the FCC and IC for its proposed move. 


The map below (and attached) {see Maps page on website} includes two maps, one laid upon the other. KRPI's consulting engineers submitted the map of Point Roberts, the smaller one, to the FCC; you'll notice that it shows the daytime and nighttime RF blanketing interference contours of 1 Volt/meter for Point Roberts but does not show Tsawwassen nor how the contours extend north into Canada. The engineers omitted your constituents in Tsawwassen.  Ronback inserted the larger map, the second one, under the first so that he could extrapolate the daytime and nighttime contours of the RF blanketing

interference into Tsawwassen.

 

Ms. Findlay, could you contact Industry Canada on our behalf?  We believe that if IC were made to realize the folly of the FCC's ill-informed approval they'd intervene to get this 50,000-watt, five-tower AM array planned for our neighborhood cancelled.


We look forward to meeting with you at your earliest convenience.


Yours truly,

Greg J. Edwards, Delta, B.C.

&

Jim Ronback (retired sytem safety engineer). Delta, B.C.


#################################################################################################


Radio Influence:  

A local telephone man's observations and concern for the residents of Tsawwassen town and adjacent neighbourhoods / villages


I am a Tsawwassen resident, and I am opposed to this proposal that Point Roberts would have Radio Towers affecting our town.   


One reason why I am adamant:

As a 30-year telephone lineman/installer (BC Tel and TELUS) in the Lower Mainland (retired) I can't begin to tell you all the stories that I (and fellow field staff) have to tell regarding calls coming in to the phone company with customers complaining of 'radio-station-on-the-line' during the 1980s, '90s and this last decade.  The effects that radio frequency has had on the people living here in Tsawwassen (and in Richmond) has had  'Radio Frequency Suppression' playing a big part in a repairman's weekly tasks.  For the Company, and as a worker, there was a frustrating (and costly!) 'redundancy' to all of it.  


Our success rate at alleviating or just suppressing 'radio-on-line' was always only marginally successful and tending a high redundancy / recall rate.   The main, contributing factor for Tsawwassen being that so many of the houses built in the 60's, 70s, early 80s were wired using the older 3-strand (party line) telephone wire;  and this became problematic where RF (radio frequencies) was prevalent.  Coupled with that, problems really got going when people began buying their own phones (cheap, after-market phones and fax-phones).  Of course, profit margins dictated that these after-market phones were made-and-sold without proper RF noise suppression being built in).  Of note here, owners of homes having / using  the old 3-strand (red, blue, yellow OR red, green, yellow) phone station jack runs, and there are many, they should be most concerned about this new, uninvited threat that will come with these proposed radio towers.


Advisedly, for radio frequency strengths to be as proposed (50K watts) this close to town is promising to become a nightmare for radio influence affecting most all of our (home and mobile) electronics devices here in Tsawwassen and likely even Ladner.  This includes an over-riding affect to our Home Entertainment systems as well.


If this project goes ahead, it is my experience that any device with a 'speaker' in the home will then have a new feature of an  'uninvited' voice in there along with the main feature...   


This is the nature of beastly Radio Towers.  You can quote me on this:  'You won't believe your ears!'


I say stop this proposal now!


(Signed),
WT (Bill) Hamilton
Tsawwassen, BC


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Kerry-Lynne Findlay, MP

October 25, 2013

Re:  KRPI AM Radio Transmitting Towers Impacting Residents of Tsawwassen 

(Adjacent to Canadian Border)


Dear MP Findlay,

I am writing on behalf of my wife, myself and our extended family.   As residents of Tsawwassen we are concerned that Industry Canada has not sufficiently addressed the issue of the vulnerable Canadian residents adjacent to the proposed 50,000 Watt Transmitting Towers approved for construction in nearby Point Roberts.  The project  is 330 metres from the Canadian Border on the US side but with an impact radius that includes an estimated 12,000 residents in Canada! 


We attended an information meeting on Oct 23rd in Tsawwassen and were told that Industry Canada was informed by the FCC in the United States that an application for installing these towers was in process and an invitation to comment was extended to Industry Canada.  Is this true?   If so, were your staff advised that the radius of influence had 45 times more impact on the very populated Tsawwassen area compared to Point Roberts (the proposed location of the towers)?  More important was Industry Canada aware that the population impacted in this instance was misrepresented in the KRPI application.  The residents of Tsawwassen, while much more significant in numbers than in Point Roberts, were excluded in the applicants' analysis of impact.  In other words the towers are being proposed for a sparsely populated area (Point Roberts) where the population density meets FCC criteria (fewer than 300 residents living in the immediate area).  The true impact is for over 12,000 residents, albeit  just across the border.   Doesn’t this make the application fraudulent?  Shouldn’t this misrepresentation be called into question as a Canadian or decision-making process concern?


We were told Industry Canada was invited to respond to the FCC and that it did.  The response apparently indicated that we (Canadians) had no jurisdiction in the United States and therefore had no objection to the towers.   We have not seen that official letter but are disappointed.  As residents of Tsawwassen we are surprised about that government stance (assuming the information we received is accurate). 


Electro Magetic Fields are such a widespread phenomena in today’s technological society.  If this proposal had come from a radio station for Transmitting Towers in Canada they (the applicants, who by the way are based in Richmond, British Columbia) would not have met our Canadian criteria of locating them in low density population areas. Yet, in this instance, the criteria will have been more than surpassed when Canadian residents are factored in.  Prudence and diplomacy  aside, we feel the Canadian Government needs to be more vigilant in representing this particular population group.  The application is currently being adjudicated by Whatcom County, which may or may not approve a conditional use permit at the final stage.    


Passions, emotions, and good health are important, but so is due diligence.  As our elected representatives we want Industry Canada to re-consider and re-formulate its letter to the FCC, perhaps as an addendum to its initial letter.  If this project is going to adversely affect the people who live adjacent to the towers in Canada (and it will), an official and informed clarification of the potential impact needs to be made in a timely fashion.  Our extended family includes three daughters, their husbands, and seven grand children, all living in Tsawwassen.  


It is also relevant to add that we own a cottage in Point Roberts.  We want our interests, along with the interests and voices of residents there, to be protected / heard! 

 

Respectfully,

Ron and Elizabeth Hansen

Delta, BC and Point Roberts, WA


#################################################################################################


From: James Graham

Date: August 15, 2013

To: [email protected]


Subject: Extremely Important Notice


Ms Bosman:  

   

Please help me with this matter.   We spoke on the phone finally a few days ago.  You were kind enough to listen and understand my concerns.  You asked me to send in writing my specific objections to the AM radio transmission towers being installed directly next door to my property.  It is imperative that you and the other planners and judges involved with this application realize that I have just spent the last 3 years of my life and all of my savings building my retirement cottage at # McKenzie Way, Point Roberts.    


It is my place of solitude.  It is silent.  There are deer regularly feeding and utilizing the sheltered forrest where these towers are proposed.   Also, there are countless birds, eagles, owls, finches, hummingbirds, butterflies, squirrels, etc etc etc.


This part of Point Roberts and all of Point Roberts is an oasis for people and animals to be away from the hustle and bustle and the noise of the 21st century.  I will be the first in line, directly affected by this proposal.  The silence that I long for will be broken by the generators and the humming of transformers and lights.   


My health will be affected by the radio frequency radiation.  My beloved classical FM broadcasts such as King FM, KPLU and CBC Radio 2 will be compromised by this neighboring project that has no place in our community!  I'm only there on weekends and holidays but I talk to all my friends that live here, and not ONE person, not ONE SINGLE PERSON approves or thinks in any way that this is good for their community.  


At first I was trying to be reasonable as I enjoy radio so much.  But then I realized how this is going to affect me.  My solitude, my health, my hard work and my finances and the value of my property.    And now as I analyze the whole situation, it's hard for me to believe that educated planners, such as yourselves would even consider such a thing in this environment, affecting so many people and so many eco systems!  You don't have to go to university for 5 years to understand that this is a big mistake!  


I sure hope that you will take me seriously as I am the most affected person period!  I hope that you will put yourself in my position and perhaps even call me personally or visit the home that I am just starting to finish the landscaping on.  The totally custom home that I designed and created and built at great effort and expense is at # McKenzie Way and I think that if you visited me and saw the effort that I have made and saw the proximity to the first tower, let alone all 5, and if you saw the animals and heard the silence, and if you talk to all people at random down here,  I think you would find not ONE single =

reason to allow this project to go forward.


Very very sincerely,

James S Graham


##################################################################################################


Dear Ms. Bosman,


Four days ago I received notice in the mail that Whatcom County was allowing five 50,000 watt 150' radio frequency towers to be erected basically in my backyard which is well within 1000 feet of these powerful and massive structures.  I also realized I only had 4 days to respond to this shattering news.


My first thought was how these towers would scar the quiet beauty of the pristine and unique coastal community. Point Roberts is a five square mile piece of paradise with beaches where you can whale watch, view seals, see Bald Eagles soar, a marina for the boaters, a world class golf course and a post card perfect residential area. This is an area that Whatcom County should be proud of and market as a place for relaxation and a place to be protected not exploited. Point Roberts is a place for retirement dreams to be realized, the perfect community.


My second thought was of the health risks to my children and eventually their children, my pets, to my husband and myself, and to the indigence wildlife due to the close proximity of these potentially life threatening structures.


My third thought was of the effect on my property value and how our retirement dreams and our quality of life would be affected if Whatcom County allows this travesty to go through to completion.


After the emotional roller coaster of the first day passed my thoughts turned to what the people of Ferndale had to endure. If their complaints are not enough to stop this project and make Whatcom County realize what this project will do to the Point Roberts very concerned community then this letter will fall on deaf es. Do you really need to have this happen to another community before you find the compassion to disallow these structures to be erected in residential areas? The Ferndale residents claims include intermittent hum 24/7 to constant hum 24/7, slow internet connections, interference with television signals, that KRPI overpowers all radio stations, car radios and telephones, baby monitors, all in a language that is not understood by the everyday American. Furthermore this transmitting site is for Vancouver, Canada and a portion if its population and has absolutely no benefit to Point Roberts and will cause nothing but grief for its residents.


I believe the jury is still out on how harmful these radio waves are to animals and humans alike and what the future holds for people who live close to these structures. I would like to counter propose a site for these structures. Start by plotting the locations of all the homes for the Whatcom County decision making body for this project and place these five towers equal distance from these residential locations. After all through the taxes collected by the residents of Point Roberts do pay your salaries.


Ms. Bosman, when I spoke to you on Wednesday you reminded me that this is a free country and this radio company has rights. I totally agree, we all have rights in this free country but at what cost! I do not feel as a tax payer that my family and I should be classified as collateral damage so a radio station can profit from the residents of Point Roberts misfortune. I want to ask you, where are the rights of the tax payers and residents of Point Roberts and our qualify of life?


In closing I hope you can place yourself in my shoes and realize how truly devastating this proposed project will be to Point Roberts. Balance the value of the land in Point Roberts and the long term tax revenues of escalated land values vs this short term eye sore and the negative effect on attracting new residents to this community. I have read many of the laws that may allow this project to proceed but if you truly believe this is a free country and the American Dream is still intact then what about Life, Liberty, and the Pursuit of Happiness? This proposal is stomping on our quality of life, our liberties, and our Pursuit of Happiness.


Ferndale and Point Roberts have one very important thing in common, we will fight this to the end.


Best Regards,

Susan Simpson


###################################################################################################


Dear Pebble Hill PAC Executive

and 

Kristina, Heidi (Chairpersons for the Parent Advisory Council EB),


An application has been filed in Whatcom County, WA for KRPI radio (1550 AM) to erect in Pt Roberts five, 150 ft AM Radio Towers emitting 50,000 watts day and night for radio station KRPI targeting their Indo-Canadian audience in Surrey, BC.


We have emailed Whatcom County planning department the attached paper from the American Journal of Epidemiology titled: Radio Frequency Radiation Exposure from AM Radio Transmitters and Childhood Leukemia and Brain Cancers [located within 2 km of AM Radio towers].


English Bluff Elementary is located within 2km of the proposed site radio tower site and Pebble Hill is located within 1.1km. 


We have also attached copies of written statements from Ferndale WA residents with complaints of electronic interference where KRPI's towers currently are located. Please note that in Ferndale the station is only broadcasting at 50,000 watts in the day and not 50,000 watts at night as proposed for Pt Roberts.


For immediate action steps on how you can to help stop this from happening please send an email to [email protected] to receive an immediate list of key people and offices to email.


We are hoping you will respond by asking all parents to attend the Public Information meeting to be held on Wed. Oct 23 at 7 pm at the Theatre of South Delta Sr Secondary (please see attached details).


Thank you.


Cheers,

Nancy Beaton

Concerned Residents of Tsawwassen


####################################################################################################


The Hon. Kerry-Lynne D. Findlay, PC, QC

607 Confederation Building

House of Commons

Ottawa, Ontario  K1A 0A6


August 16, 2013


Susanne Bosman

Whatcom County Planning and Development Services


Dear Ms. Bosman:


I am writing to you on behalf of my constituent Mr. Greg J. Edwards who resides in Delta at our shared Canada/US border.


Mr Edwards brings to my attention the plan for a radio station to be granted an FCC license to move to Point Roberts from Ferndale.  Mr. Edwards is concerned that any resulting noise from the accompanying radio towers will disrupt the quality of life now enjoyed by both our residents along the border.


It is my hope that you will consider the human factors of radio towers coupled with what works best for your community in finalizing your decision.  I would appreciate receiving further information on the criteria being considered for the radio tower that might give my constituents some assurances.


Thank you for your kind consideration.


Yours sincerely,

Keey -Lynne D Findlay, PC, QC

Member of Parliament

Delta - Richmond East


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To: S. Bosman

From: E. A. (Annette) Hamm

Re: 5 - Tower array potential for approval for Point Roberts


Had anyone in Point Roberts been advised of the sale and purpose of the purchase of the land at Tyee and McKenzie, I believe there would have been strong resistance to the prospects in this community from the beginning. Once again Whatcom County has given us extremely short notice to raise objections to a potential travesty against both the land and the people of the Point.


There should be no doubt that Point Roberts residents and businesses, based on a tidal wave of communications around the Point on this issue in the past few days, will do everything in our power to ensure that Ferndale's problems do not get transferred to us in Point Roberts - for any reason.


I am appalled and affronted by the conclusions of the engineer's report:

1. To say that there are few people who would be affected by these towers as the population is small in the area is incorrect: populations on both sides of the border would be affected by those towers. Based on the reports from Ferndale, the impact on humans on both sides of the border would be negative and significant. And since when, in the United States of America, are 1300 people (the approximate number of permanent residents making up the population of the Point) an insignificant number, an expendable population?


2.To say that it is a depressed economy, the apparent inference being that as it is already depressed there could be no valid reason for objection, is an insult to both the full and part-time residents, those who operate businesses here and those who wish to raise their children or retire here in one of the most naturally beautiful, low-crime, gated and guarded communities in the United States.


This community is undergoing a transition: new businesses, new housing starts and new developments are beginning to show up - many of them dependent on the ability to attract our neighbors from North of the border. The community has worked hard to ensure that the balance between man and nature is given consideration in all growth and development. 


These towers will be a blight on the visual beauty, a health hazard to all on the Point, and a high and mighty signal to anyone outside the Point to stay away or, to drive in, quickly buy gas, milk, eggs and cheese, and get out as fast as possible. The towers will literally destroy our attempts at balanced development.


As far as we are able to ascertain, there will be absolutely no discernible benefit for the Point. There is, however, significant potential for negative impact to this community if the research and documentation from Ferndale and elsewhere are to be believed.


As a permanent, active resident of Point Roberts, I strongly suggest that such land use goes against every goal this community has and has had for its development and natural beauty preservation.


PRCAC is a committee on Point Roberts purportedly designated at the request of Whatcom County, its purpose dedicated to helping the community develop a cohesive community plan that will help manage the balance between both development and preservation as the community grows and changes. If the communications that have crossed my desk this week are any indication, it would seem that PRCAC has been kept in the dark about this issue. A distinct conflict of interests is present at the county level if this is true.


The Point Roberts Conservation Society, backed by the community, worked hard to preserve Lily Point Park and the Lily Point Marine Park. The land park has only just recently been redeveloped as an accessible park and is gradually becoming a major attraction for Point Roberts. The SEABRIGHT Farms development alongside Lily Point Park has expended great effort to work with the community to preserve green space and attract Canadian cottagers to the Point. The efforts have resulted in positive outcomes for both the developer and the community. Those efforts would seem to be mocked by the potential for approval of the 5- tower array on Tyee Drive.


To erect these towers would be to devastate this community, much like those towns in the 50's and 60's down-river and down-wind from manufacturing and mining plants that had no pollution controls. While research today remains limited on the subject of the impact of communication towers, there is sufficient documentation of health concerns and interference with wireless modes of communication to indicate that no community would want these towers erected within the heart of their community, never mind on the main street of their community.


Our community has spent a considerable amount of time and effort over the past several years attempting to improve the appeal of this community and to attract more tourism and more businesses with similar goals of preserving a sustainable balance between man and nature. This year, we have, for the first time, published a 148 page resource directory for the Point in an attempt to increase exposure of the natural beauty and the parks of the Point, the community groups and events of the Point, and the businesses of the Point. Surely the erection of 5 huge towers on our main access street, the destruction of the forest around those towers, and the destruction of the wilderness beauty of the entry drive to our community is enough to destroy these efforts.


Whatcom County has so far had a checkered history of approvals and rejections on the issue of retaining and preserving 'green' space or improving human access to greener modes of transportation and health and wellness here on the Point:

On the issue of safe bike and walking lanes, or safe and reasonable accessibility to amenities for those with disabilities or infirmities, the county's record is abysmal; requests have been rejected due to the costly process of determining the impact on natural land formations. Consideration of decreased consumption of gas and oil and potential for

increased health and wellness seem to have been ignored.


Consideration of a safer environment for children, bicyclists, elderly and disabled in our community seems also to have been largely ignored. Where is the balance there?


Every year, another attempt to get the dock built for public boat launching, a major draw for boaters and tourists, has been delayed and rejected due to the potential for destruction of sea grass - which would, I understand regenerate in due course, if my information is correct.


Those objections to development and improvements on the Point pale in comparison against the arguments against these towers in our community. Where is the balance?

It would seem that Whatcom County has in front of it, in the issue of the towers, a decision that would have a much greater and significant negative impact on the environment of Point Roberts than adding a few feet to some of the major roads or building a dock. Protection of 1300 humans seems to be low on the priority list of the county. How this could be justified is beyond me.


The message is clear to me, given conversations and written communications with many on the Point. I truly do hope the county planners and council will listen when we say:


We do not want the towers!


Respectfully,

Annette Hamm
Point Roberts, WA


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Suzanne Bosman,

Senior Planner

Whatcom County PDS

 

Re: KRPI Radio Transmitter Site - 

CUP2013-00004 and SEP2013-00032

  

Ms. Bosman:

 

I am writing as a private citizen and full-time resident of Point Roberts. I had hoped to be able to supply a comment on behalf of the Point Roberts Community Advisory Committee (PRCAC) and the de facto Point Roberts Character Plan Committee (PRCPC). However, the time frame established is too short for us to meet and review carefully the situation. As in my previous emails to your office, I am disturbed by your refusal to even consider extending the comment period.

 

The PRCAC is the only officially established advisory committee on Point Roberts. In addition to its normal mission, we will be functioning as the Advisory Committee for the Point Roberts Character Plan. The proposed set of five towers at the corner of Tyee and McKenzie will fall under the Character Plan (CP). It is, in my opinion, inappropriate for PDS to offer a recommendation on that project without consultation and feedback. The CP, while currently in unofficial hiatus, still operates as guidelines for vetting new commercial projects and determinations on permitting. As per a bill currently before Council, the PRCAC will assume the duties of the old PRCPC. It is my understanding that we are in position, as an ad hoc committee, to offer advice to PDS on this project. Alas, because of the time frame involved we are being prevented from doing so.

 

That said, from my personal point of view I do not see any upside to this project. The station is designed to broadcast to a select population in Canada. Its towers and the support structures and buildings will disturb a richly wooded area. There are, despite the assurances of PDS in its expectation of an official DNS, several questions about the project that have been raised by residents familiar with radio broadcasting and the technical electric engineering elements that need exploring.

 

But mainly I am concerned by the history of BBC Broadcasting and its relationship with the town of Ferndale. Some years ago BBC Broadcasting engaged the engineering consulting firm Hatfield & Dawson of Seattle to assist them in finding a new location for KRPI. In their “Exhibit C” (which can be downloaded here) Hatfield & Dawson noted that BBC’s relationship with the town of Ferndale was so toxic and disruptive that the residents refused to support the company’s application to the FCC for renewal. The report described the battle, which included letters of opposition by local, state and federal elected officials, as so disruptive that it left the community as a “poisoned well.”

 

From this information alone, it would be folly to go ahead with this project without a full understanding of the situation, the company’s practices, its history and the likelihood that a similar disruption of our community might result.

 

You will, I am sure, be receiving many comments from residents and home owners here. More than a few of them will be angry and not always carefully thought through. Much of the anger comes from a sense that we are a mere fleeting second-thought in the minds of those in the county seat who make decisions about life here. We have a Lighthouse Park with no lighthouse. We have a boardwalk at that park that is deteriorating and there are no plans to repair or replace it. We have a non-existent pier at that park, the replacement of which has been on hold for three years now. We have a community center that leaks and smells of mold. We had funding for the after-school bus for our students removed. We lost our public service van between The Point and Bellingham. We have a public park at Maple Beach that has no public facilities of any kind and when we asked for assistance in a simple matter like dog feces were advised to find some private individual who would pay for it. We constantly fall back on our own resources as with the current project to raise funds for a new library.

 

When the proposal to erect the five towers for BBC Broadcasting suddenly reappeared (we had assumed it was no longer an option after they abandoned their original plans some three years ago) we felt like we were just a dumping grounds for a project that couldn’t find a home anywhere else -- a feeling that finds support in the language in the 2011 report from Hatfield & Dawson. To make matters worse, your office refused to consider extending the comment period and you treated my request as Chair of PRCAC as a minor annoyance.

 

This is a very serious matter to residents of Point Roberts. There is nothing, nothing at all, in it that will improve the quality of life for residents and there are many reasons for suspecting that it will seriously deteriorate it. I ask your office to withhold the DNS ruling until such time as we can gather the information needed to assess the situation fully.

 

Thank you,

 

Arthur S Reber, Ph.D.

Point Roberts, WA

August 2013


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Point Roberts Conservation Society


15 August 2013


Ms. Suzanne Bosman

Whatcom County Planning and Development Services


Re:  Conditional Use Permit Application 2013-00004, KRPI Radio Transmitters


Ms. Bosman,


The Point Roberts Conservation Society is dedicated to protecting and enhancing the environment and quality of life for all live in and come to this community.  I am writing to you today re: CUP2013-00004 because the PRCS board is in unanimous opposition to this project.


That this matter is under consideration is an unfortunate indication that the FCC has overlooked its principal mandate to act “in the public interest, convenience and necessity.” This project meets none of those tests.  This application should never have reached your desk.


However, Whatcom PDS is far better positioned to see that there is nothing in this project to benefit Point Roberts. On the contrary, there is much for Point Roberts to loose.  It will damage the character and economy of a community struggling to find its identity as a true recreational destination.  The community and the County have invested heavily in a future of Recreation & Tourism.  Allowing this project would set a literally dangerous and ugly precedent.


Radio towers are visually out of character and disruptive to home and business. Metal lattice monoliths are assiduously stark, their height dominating, their 50,000 watts of invisible radiance repellant of future business and residential interest. No one will want the land adjacent.  Transmission towers have rigid requirements for tree clearing and intolerance for trees grown taller. These towers are at odds with the forest. 


Historically, this area was home to a heronry, and is still prime avian habitat.  Standing water is common in winter, and there are quality wetlands nearby. WCC 20.72.652 allows for 5 acres to be cleared, meaning that winter storm water run-off is greater, and summer soils drier.  Residential development has more latitude for tree clearing, even if less inclination. Development, as zoned, is reasonable, acceptable, and expected, conditionally approved industrial development is not.


Please reject this proposal as it falls far short of required criteria in WCC 20.84.220. You may expect our strenuous opposition. Everyone likes radio, most like sausage, but none want to see them made.


Kind regards,

Michael Rosser Esq.

Chair, Point Roberts Conservation Society