Cell Sites: The Debate Continues
The Municipality of Santa Cruz will consider the request filed by a group of people from Tamarindo that is against the location of a cell site owned by Claro Company in the community. The Municipal Council agreed so at the meeting that took place on August 4, when, during a hearing, a group of residents against the project filed a formal petition stating that “all construction of cells sites must be suspended until having applied a viable regulation on the subject of environmental health and visual pollution in the district of Tamarindo."
The residents explained to the official representatives of Santa Cruz their concern on locating these towers in the community. They believe that these sites will be placed in residential zones and that they would cause harmful health effects due to its proximity to the houses. As explained, one of the sites Claro Company is trying to set up is about 63 meters (18 floors) tall with a base of 240 square meters. It would be located in an area where it could affect the operation of Tamarindo airport, since it would be only 2 km away from the flight and landing area. The group also complained about the fact that this specific site, with permit number 074/2011, will be installed in an area of ​​approximately 241 square meters that does not seem to meet the minimum size required by building regulations. With "No radioactive towers in residential areas" and "Costa Rica: Let’s protect Las Baulas National Park. Let’s keep cell sites away” as their motto, these people expressed their discomfort and evidenced their discontent before the council due to the nonexistent approach from the telecommunications companies. They spoke out on the fact that the record of environmental sustainability issued by the National Environmental Technical Secretariat (SETENA) does not include the acts stating that public hearings were held and information campaigns on the installation of the giant structures were ran in the community. Therefore, during the meeting of the Municipal Council, Marianela Mora, lawyer representing the group said: "It is not true that the community of Tamarindo has not said anything about it. We want to express our opposition to the location of these cell sites in residential areas inhabited by children and families. It is a seismic zone. We have a petition signed by 300 people." Natalie Lynn, member of this group of neighbors, said that many owners and investors based in this coastal area are concerned about how these antennas can considerably affect the local economy (mostly tourist-related) and the value of their properties. Lynn also mentioned that there are more than 15,000 scientific studies that relate these cell sites and its radiation to a negative effect on people’s health. Lynn quotes Dr. Henry Lai, leading researcher in this field at the Department of Bioengineering, of Washington University when saying: "There is no doubt that the radiation from radiofrequency affects the functions in cells and living organisms."
Meanwhile, the Ministry of Health described such concerns as "myths." María Cordero from the Ministry’s’ Health Regulation Department, the entity in charge of topics related to ionizing and non ionizing radiations, defends the rules adopted by the country as to this regard. She says that no adverse effects on health have been found. Saying that they cause cancer, childhood leukemia, headaches, insomnia, dizziness and other illnesses are just unfounded fears. The official explained that a recent study by the World Health Organization (WHO) has detected that the effects on the electromagnetic fields emitted by cell phones may have some health effects, but not the base stations, since they register very low magnitudes. The Ministry of Health adopted Regulation 36-324-S as of February. It regulates exposure to electromagnetic fields of non-ionizing radiation frequency emitted by wireless systems of up to 300 GHz.
This regulation is questioned by the geologist and university professor Allan Astorga and Mauricio Ordoñez, architect and professor. They consider that this regulation only values thermal aspects and not the biological ones.
On one hand, science does not have conclusive studies yet; while in the other, there are people whose concern is the need for a quality telecommunications service. With the ratification of US- FTA, telecommunications services that were previously provided exclusively by state-owned Instituto Costarricense de Electricidad (ICE) can now be marketed by private companies such as Claro and Telefónica.
Although the opening of the market has taken time after the FTA signing, many municipalities, whose autonomy enables them to regulate and grant permits for the location of radio bases, have no clear rules as to this regard and have not approved the technical requirements to meet this process.
Two people have recently filed an appeal against some municipalities of San Jose, such as Curridabat’s and Montes de Oca’s. They consider that these municipalities do not have any regulations whatsoever that may specify how to install telecommunications infrastructure.
The appellants indicate that, due to the lack of regulations, new companies may not be able to accommodate and, thereby, the coverage residents may enjoy will be limited since they would be restricted from their right to choose an operator as they will be forced to stay with ICE, the only provider with cell sites in the region. Forty-two municipalities and six district Councils have regulations to place telecommunications infrastructure. This year, the Municipal Council from Santa Cruz has ratified a regulation prepared by metropolitan municipalities and has published it in the Official Gazette. As a result of a series of questionings, they were not able to publish it a second time; therefore, it is not valid anymore.
The Municipal Council formed a committee to develop a telecommunications regulations tailored to the needs of the canton.


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