January 19, 2008

SETTLEMENT REACHED IN CELL ANTENNA LITIGATION

The city of Pasadena has reached a settlement with Omnipoint, a subsidiary of the wireless service provider T-Mobile, regarding the company’s request for a minor conditional use permit to install a wireless antenna and related equipment on South Oak Knoll Avenue at Alpine Street.

Omnipoint filed a lawsuit against the city in May 2007, challenging the Pasadena City Council’s denial of a permit for the project. Omnipoint’s original design included a ground-mounted electric meter pedestal and a surrounding brick wall on the east side of South Oak Knoll Avenue.

Through a series of negotiations, Omnipoint has made the following concessions:

* The project will not include an electric meter pedestal, brick wall or anything else that is ground-mounted.

* The only new equipment will be: (1) A 5-foot-wide by 8-foot-6-inch-long by 5-foot-deep equipment vault installed underground next to the east side of the roadway on South Oak Knoll Avenue and (2) a 29-foot-6-inch street light pole on the east side of South Oak Knoll Avenue will be replaced with a street light pole of the same height and design that will include an antenna on top that will be 5 feet tall and 6 inches in diameter;

* The company will pay a flat rate for electricity service at the site;

* The company will improve the area along the east side of South Oak Knoll Avenue by planting drought-resistant landscaping.

“This settlement allows the city to exercise the greatest level of control over Omnipoint’s project, given Pasadena’s limited authority to regulate the location and appearance of wireless facilities under federal and state law,” said City Councilman Sid Tyler.

The city and Omnipoint will be presenting the terms of the settlement to U.S. District Judge Margaret Morrow for the court’s approval. The city will not be required to pay damages or attorney fees.

If the settlement agreement is approved by Judge Morrow, Omnipoint will receive a minor conditional use permit for the antenna project, limited by the conditions listed above.