Does the Village have the legal authority to block the Cell Facility?

No. Cell facilities are regulated by federal law, and the Village has virtually no authority in this matter.

Can the Village regulate the level of Radio Frequency (“RF”) emissions from the Cell Facility?

No. RF emissions are set by federal law, and the Village has no authority to challenge a facility that otherwise complies with federal law.

Can the Village require Extenet to demonstrate its RF emissions fall within federal safety standards?

Yes. The Village has already required Extenet to certify that the Cell Facility’s RF emissions fall within federally mandated safety limits.

Has Extenet certified that the Cell Facility’s RF emissions fall within federal safety limits?

Yes. Extenet has certified that the Cell Facility’s RF emissions shall be less than one per cent of the federally allowed limit.

Will the RF emissions from the Cell Facility be at ground level?

No. Extenet has certified that all RF emissions will be at least thirty six (36) feet above the height of a six (6) foot tall person standing under the Cell Facility.

Has Extenet demonstrated a need for this Cell Facility within our Village?

Yes. Extenent has provided evidence, as required by federal law, to demonstrate its need for the Cell Facility within our Village, and that Extenet has no viable alternative to the proposed location.

Has Extenet certified that it has explored alternatives to placing this Cell Facility at this location, and within our Village?

Yes. Extenet has provided evidence, again as required by federal law, to demonstrate it has explored alternatives both within and outside our Village, and the proposed site is the only viable location.

Has Extenet certified that it will construct and operate the Cell Facility in accordance with applicable federal law?

Yes. Extenet has certified that the construction and operation of the Cell Facility will comply with applicable federal law.

Why the proposed location on the Village-owned triangle at the intersection of Park Avenue and Manhasset Woods Road?

Extenet originally proposed to place the Cell Facility on a utility pole in front of a private home. Your Board negotiated with Extenet to place the Cell Facility on public property and not in front of a residence.

Does the present application by Extenet permit it to erect additional cell facilities within the Village?

No. The current application is limited to this one site. If Extenet wishes to place additional cell facilities within the Village, Extenet must make a new application, which will be subject to the same laws and review process discussed here.

Will the Cell Facility improve cell phone coverage?

Yes. Extenet has represented that this Cell Facility will improve coverage for cell phones and similar electronic devices, and will accommodate new advances in wireless technology.

Will the Cell Facility affect real estate values?

Extenet has provided evidence that the Cell Facility will not negatively affect real estate values, but rather should enhance them, given the improvement in telecommunications.

Are neighboring villages dealing with this issue?

Yes. Extenet has filed applications for multiple cell facilities with Flower Hill, Plandome, Manor, Plandome Heights, and more. It must be emphasized that local authority in this matter is severely limited by federal law. Nonetheless, as described above, your Board protected the interests of residents by, among other things, negotiating for the cell facility to not be in front of a residence, to assure Extenet certifies compliance with federal safety standards, and so forth. Notably, and as mentioned, other villages are dealing with applications for a dozen or more cell facilities, whereas the Village is dealing with only one at this time.

Is the Village permitted to charge Extenet a fee for placing this cell facility within the Village?

Yes, but in a very limited amount. Once again, federal law strictly controls, and it sharply limits any fee the Village might charge to a very modest amount. The precise dollar amount is still being discussed, and will be stipulated via contract. To be sure, the paramount concern of your Board has been and will always be the best interests of the residents, and not revenue.

When will the construction of the Cell Facility commence, and how long shall it take?

The exact start date of any construction is, of course, dependent upon completion of the Village review process. With respect to the duration of any work, we have inquired of Extenet as to a time frame. Please look for further updates from your Board.

Will construction of the Cell Facility negatively impact residents?

Your Board has emphasized to Extenent that it must take all steps necessary and appropriate to minimize any disruption or inconvenience to residents during construction of the Cell Facility.

Will the Board require Extenet to appear at a public hearing, and will the Board hear evidence from Extenet’s representatives at that public hearing?

Yes. Your Board is requiring Extenet to appear at a public hearing. At that hearing, Extenet will be required to have its representatives publicly testify with respect to many of the matters set forth above.

When would construction commence?

If and when the Village approves the Extenet application for the cell facility, thereafter Extenet will contact PSE&G and Verizon to “walk the site,” i.e., to coordinate with the other utilities. If the site does not require any preparatory work, then the utilities typically issue their own licenses within 45 days. If preparatory work is required, then that time frame is naturally extended.

Once the other utilities give permission, the cell facility is typically installed within seven (7) days.

How long would construction take?

Extenet’s construction for the cell facility should take approximately 4-8 hours. Thereafter, Verizon must place and splice fiber cable to the cell facility.

What steps will Extenet take to minimize disruption to traffic and inconvenience to residents?

Construction will be undertaken after the morning rush hour, and Extenet expects work to be completed prior to 3 P.M. the same day. Signs, cones, and traffic signals shall be employed in order to assure safety and good order. Prior to commencing construction, Extenet will give notice by distributing written flyers to nearby residents.

Thank you to the Village of Munsey Park for allowing us to use this document prepared by them.

The following questions were submitted by resident Norman Glavas, We thank him for allowing us to publish it here.

Based on the presentation, the DAS NODES will address upgrading
4G areas within the designated areas by placing equipment on existing
poles (2-3), replacement of existing poles (5-6) and new poles/lamps
(9-10). All correspondence from the Village, mailed post card, F.A.Q.
on the Village Web Site, referenced 5G installation. How was this
Answer: ExteNet representatives are unsure from where the
misperception derived. As it relates to the technology being proposed,
ExteNet has not referred to the generation of wireless technology
(either 4G or 5G) within its applications or during prior meetings with
Village officials.

There are 18 planned locations of the DAS NODES in a limited area of
the NW section of Manhasset Flower Hill. What is the projected total
amount of DAS NODES for the entire Village of Flower Hill under
different applications.
Answer: ExteNet has only 1 application with the Village and is not
aware of any other companies making application for small cell
instations within Flower Hill. ExteNet’s single application consists of
only the 18 nodes.
Based on the F.A.Q regarding 5G on the Villages website, Externet
states “that 5G will not negatively effect real estate values”. What
study are they referencing for this statement? Can we obtain a copy of
this study? Was a study done in our area?
Answer: A real estate impact study in the communities of Rye and Pelham, New
York confirmed no property value impacts from existing small cell
installations on new or existing utility poles in residential areas.
Published studies by National Real Estate Investor and a study
commissioned by Joint Venture Silicon Valley Network (see Housing
Values attachments) have concludes that property values, both for sale
and rental, are becoming more widely affected by the lack of quality
telecommunications service available. Housing prices and office rental
value are driven downwards by poor connectivity but wireless
infrastructure including towers have no demonstrable negative effect
on property values. In addition, studies conducted by MAI licensed
appraisers, recognized by the courts as experts, have not found a
correlation between property values and small wireless facilities on
utility poles.

Based on my research of 5G, I came across a statement that “…5G
will improve Health Data distribution…”. What additional impact to the
amount of Cell Nodes will be attributed to having St. Francis Hospital
within the Villages boundaries?

Answer: The question is multilayered, thus the answer will be
segmented into brief answers pertaining to 1) 5G applications 2)
benefits in expanding 4G coverage and capacity and 3) impacts of
concentrated wireless use.
5G Applications
Healthcare applications, such as critical care mobile monitoring and
Virtual reality (VR) and augmented reality (AR) surgery, require low
latency mobile networks to be affective. 5G is projected to provide the
low latency and high bandwidth required for these types of
Benefits of Expanding 4G Coverage and Capacity
The DAS network proposed by ExteNet is a 4G network and has little
correlation to the provision of low latency and high bandwidth
healthcare applications envisioned with a 5G network. The DAS
network will create additional capacity and coverage within the existing
macro network that services St. Francis Hospital and the surrounding
neighborhoods. With this additional capacity and coverage, mobile
users will experience improved wireless performance, in general, for
applications designed to utilize the existing 4G network.
Impacts of Concentrated Wireless Use
Any concentrated wireless use, like that originating from a school,
hospital, church, recreation area, or other place where mobile users
concentrate in groups create greater demands on a wireless network
than areas with less concentrated wireless use. The greater the
wireless demand, the greater need for small cells nodes. This impact is
not limited to political boundaries. For example, the concentrated
mobile use by wireless customers at St. Francis Hospital impacts the
wireless coverage within Munsey Park, Roslyn Estates, and Port
Washington, in addition to Flower Hill.
Where will the power come from to run the various equipment on the
poles? Will it be overhead wires or buried electrical lines.
Answer: Both. If overhead wires currently exist, the DAS node will tap
into those existing wires. If overhead wires are not present, electrical
will be run underground from the most proximate electrical line to the
DAS node.
I appreciate the Village negotiating with Externet for recommending
that new poles be multi use as light poles with equipment attachments.
Normal street lamps are usually 15 -20 tall. Externet is recommending
that their new poles will reach a height of 30’-0”. Wouldn’t that be an
eyesore to the Village which does not have any light poles?
Answer: ExteNet is willing to reduce the height of light poles to 25ft.
Other stealth designs are also available and can be discussed at the
next public hearing.
What is the total application fee which Externet will be paying for the
18 DAS NODES locations? Will the Village be able to negotiate
additional annual fees for having their new poles on the Village right of
Answer: On September 27, 2018 the Federal Communications
Commission (“FCC”) issued its Declaratory Ruling and Third Report
and Order, FCC 18-133, regarding access to the public rights-of-way
(“ROW”) for deployment of small wireless facilities. The Order
establishes a broad set of rules regarding regulation of small wireless
facility deployment by state and local governments, including review
timelines for access to the ROW, use of public infrastructure for
attachment of wireless facilities, and the reasonable fees that may be
charged for such access and attachment. Following publication in the
Federal Register, the Order became effective on January 14, 2019.
Under the terms of the Order, any fees for access to the public ROW
or for attachment to municipal infrastructure must be fair and
reasonable, directly attributable to ExteNet’s use of the ROW or
attachment to infrastructure, and they must approximate the actual
cost to the City for administration of ROW access and infrastructure
attachment. Absent substantial justification for an alternative, all fees
must comply with the fees presumed to be reasonable as determined
by the FCC in Paragraph 79 of the Order. Specifically, a) $500.00 or
less for non-recurring fees, including a single application for up to five
small wireless facilities, with an additional $100.00 for each small
wireless facility beyond five, or $1,000.00 or less for non-recurring fees
for a new pole intended to support one or more small wireless facilities,
and b) $270.00 or less per small wireless facility per year for all
recurring fees, including any ROW access and/or attachment to Village
infrastructure in the ROW
I understand that Externet is based in Lisle Illinois and the Engineer is
based in Blue Bell Pennsylvania. They will be bidding out to, I assume
local contractors, to supply and install the equipment and replaced and
install new poles? Is this the first time that group has worked on the
North Shore?
Answer: The local contractors used by ExteNet are licensed to work in
New York and are local to the regions they work in. The contractors
have typically worked with multiple wireless infrastructure providers,
not just ExteNet, so they are well versed in the rules, regulations, and
any cultural or political norms that may be associated with communities
in the North Shore.
QUESTION 8A Which firms are being asked to bid on the proposed work?
Answer: ExteNet has sent a bid out for quotes from various electrical
contractors. The bid process closes on 5/23, at which time the contract
will be awarded.
Will Externet be setting up a base of operations in the North Shore or
will they be overseeing this project remotely from Illinois?
Answer: The project teams out of the ExteNet regional office in
Newark, NJ oversee construction projects in New Jersey, Long Island,
NYC and surrounding communities of NYC. The Network Operations
Center located in Lisle, Illinois monitors the network once it is built and
calls upon the regional ExteNet teams and local New York contractors
when the need for repairs arise.
Based on Federal Guidelines, Villages cannot “OPT OUT” of 5G
Answer: The Federal Communications Act of 1996, Section 704,
prohibits local zoning authorities from denying permits on the basis of
radio frequency emissions concerns as long as the emissions comply
with current Federal Communications Commission (FCC) regulations.
If in the future, if scientific reports prove of “HARMFULL EFFECTS”
due to 5G distribution, will the Village be able to make the contract with
Externet, Null and Void and have them remove their equipment form
the poles?
Answer: Section 5 of the attached Right-of-Way agreement requires
ExteNet to comply with all applicable federal and state statutes
regulations and orders, which would include the FCC rules for RF
Health and Safety (see the FCC web site for additional
information. Since 1996, the FCC adopted updated guidelines for
evaluating hum exposure to RF fields from PCS sites, see
fields-guidelines-cellular-and-pcs-sites. In the event that
ExteNet fails to comply with the FCC rules and regulations, the Village
would have a right to terminate under Section 12 of the attached