We're back in court, correcting the mischaracterizations made by T-Mobile recently to the judge and clarifying T-Mobile's attempts to obfuscate the real issue. The real issue is that T-Mobile has not – ever – done what T-Mobile is required to do at law, which is to prove, to a trained and neutral arbiter, through an industry-standard comprehensive application and process that includes a least-intrusive means analysis, that T-Mobile needs a new wireless facility and that T-Mobile's preferred technology, equipment, design and location are the least-intrusive on our community.
The fact that Independent Towers signed a lease with the City is irrelevant – no one gave the City staff or the City Council a blank check to push aside the zoning codes and the permitting processes and gift to Independent Towers and its partner, T-Mobile, an 80-foot multi-carrier industrial cell-tower facility with a 1,525-square foot cement bunker in the middle of the Fairweather Park playfield.
Now that we have successfully set aside the City’s contrived “settlement agreement”, we can rely again on the rule of law and Judge Lasnik (although we’ll need to continue to be vigilant for additional attempted end-runs around the legal requirements and processes). As Judge Lasnik said, T-Mobile claims it needs a new wireless site; now all it has to do is prove it.