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T-Mobile told a federal court its wireless coverage in Huber Heights and Interstate 70 is suffering due to the city’s denial of a new cell tower proposed for a residential area.
But residents say their quality of life and property rights and values could suffer if T-Mobile gets its way.
The nation’s third-largest wireless carrier argues Huber Heights’ planning commission’s denial of the 179-foot tower at 7730 Taylorsville Road “has the effect of prohibiting T-Mobile from providing personal wireless services” nearby, including stretches of I-70.
“Specifically, the existing service gap includes large residential areas, commercial areas, churches, a fire station, and more than a mile of Interstate 70,” T-Mobile’s lawyers wrote in a lawsuit filed in U.S. District Court in Dayton.
“Within this gap in service, T-Mobile is not able to provide service to customers,” the firm argues.
The commission voted four-to-one against the tower in June. At the time, several residents including Carl Liebig, who lives next door at 7780 Taylorsville Road, came to the meeting to urge the tower’s rejection. Liebig said much of his property is located within the tower’s fall zone, meaning he would be unable to build a structure there if the tower is constructed.
“If my house burns down and I wanted to move my house back on my property,” he said, “I wouldn’t be able to move my house back on my land.”
Earlier this month, T-Mobile asked the court to compel the city to approve the tower anyway. The carrier, joined by a tower construction and operation firm named Eco-Site, claims the planning commission did not articulate any reasons for the denial in a written notice — a violation of federal law.
The tower was proposed to be built behind the Huber Heights Baptist Temple following a vote of approval by the congregation, according to the meeting minutes.
Attorneys for T-Mobile and Eco-Site did not respond to a request for comment. Huber Heights City Manager Rob Schommer and Huber Heights Baptist Temple Pastor Chuck Zimmerman declined to comment.
Liebig thinks its “ridiculous” for the company to come after the city. He and other residents are exploring their options to make sure the tower doesn’t get built.
“The community came out and showed we don’t believe this is the appropriate place for the cell phone tower,” he said. “For them to exploit a technicality in a place where it’s not needed, wanted or appropriate, I don’t feel is a nice thing to do.”
T-Mobile coverage has long suffered in Huber Heights, according to the lawsuit. T-Mobile first identified a gap in service in 2007 and sought to build a tower near the Taylorsville Road and Brandt Pike intersection. T-Mobile stopped pursuing the tower at the city’s request, according to the lawsuit.
On Wednesday, this newspaper cited data from RootMetrics illustrating the area's poor wireless service. Dayton ranks 94th among the largest 125 U.S. metro areas and the lowest in Ohio in terms of mobile coverage, speed and reliability, according to the RootMetrics ranking.
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