Opponents of a telecommunication tower on Jeff Davis Boulevard are considering appealing to the Adams County Circuit Court. Last week, the Natchez Board of Aldermen upheld a decision by the Natchez Metro Planning Commission to approve a site plan for a 200-foot tower by Vanguard Towers LLC.

Local businessmen Jack Stephens and Hal Hicks had asked the aldermen to overturn the planning commission’s decision and revoke the building permit, saying the city was &uot;selectively interpreting&uot; the ordinance which governs towers to the benefit of the telecommunication industry.

Stephens said he and Hicks have consulted several independent attorneys who believe the aldermen’s decision was legally unfounded.

&uot;We’re studying it and and seeing what our next avenue is,&uot; he said.

&uot;We felt like the city was sympathetic of our position, but fearful of being involved in litigation (with the tower company).&uot;

At Tuesday’s board meeting, Ward 5 Alderman David Massey said he was persuaded to agree with the recommendation of City Attorney Walter Brown to uphold the site plan approval.

&uot;Walter tells us if we rule in your favor (the tower company) could come back with punitive damages toward the city,&uot; Massey told Hicks.

Also at the meeting, Hicks asked the aldermen to &uot;stand up for the citizens of Natchez&uot; and not allow themselves to be ruled by the Federal Communications Commission and U.S. Congress.

The Telecommunications Act of 1996 restricts how local government bodies may rule on telecommunication service and towers and prohibits them from denying applications based on the environmental effects of radio frequencies emissions or &uot;discriminating among providers of functionally equivalent services.&uot;

Hicks presented the board with a newspaper article reporting the U.S. Supreme Court had recently refused to hear an appeal by a telecommunication company in Pennsylvania.

By passing on the case, Stephens said it appears the Court was making a statement that local governments have more control on towers in their communities than FCC guidelines suggest.

Brown said the city is obligated to adhere to its own ordinance as well as the Telecommunications Act.

&uot;And there are a number of decisions issued interpreting that act which require we interpret our own ordinance in the manner,&uot; he said.

Brown said the &uot;overriding theme&uot; regarding the Telecommunications Act and all the case law surrounding it has been in favor of the rapid facilitation of the telecommunication industry.

Just as with other utilities, such as natural gas and cable, the federal government is attempting to craft a &uot;national policy&uot; with telecommunication, Brown said.

But even with federal restrictions, Brown emphasized that local government still has significant power in ruling on the height of a tower and in what areas they can be placed.

Gretchen Kuechler said conflicts between federal guidelines and local communities are not limited to Natchez.

Since the passage of the Telecommunications Act, the court system has been busy with issues surrounding the new technology.

&uot;In terms of our community, we’re just beginning to see the effects of the 1996 act where larger communities have been dealing with it for the last four years,&uot; she said.

That delay could be beneficial for smaller communities like Natchez which can learn from other cities, Kuechler said.