Thursday, June 27, 2019

FCC OK’s Two-For-One Tower Deal That Took Nine Years

The FCC approved Eger Communications' request to replace two guyed towers with one self-supported lattice tower in Livingston, NY. The decision, which took nine years, was not without controversy, as several local historic preservation groups opposed the build.

The process began in 2010, when Eger filed an application with the town of Livingston to replace both 190-foot towers with one of the same height. The site is visible from the Olana House State Historic Site, a National Historic Landmark. The Olana Site includes the home of Frederic E. Church, an important figure in the Hudson River School of American landscape painting.

In 2013, considering pleadings from parties arguing that the new tower would have adverse impacts on historic properties, the town granted Eger’s application. The Olana Partnership and Scenic Hudson, Inc. challenged the town’s decision before the New York State Supreme Court, asserting that Livingston had not properly considered the proposed tower’s visual impact on the viewshed of the Olana Site. The NY State Court dismissed that challenge, finding the town’s decision was supported by substantial evidence. Continue Reading

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