Eastlink says it consulted community on opposed Moncton tower build

Bragg Communications Inc.’s Eastlink followed public consultation protocol when it advised New Brunswick residents that it was planning to build a cell tower in a residential area, according to court documents. The prospective Zack Road tower in Moncton was opposed by residents who claimed the infrastructure would reduce property values and present a health risk. In April, they asked the Federal Court to look into its complaint that they weren’t properly consulted. But in a response filed last week, Eastlink said that it not only followed the proper guidelines for consulting the public, but it also relayed information from Innovation Canada stating radio frequency exposure does not pose health risks and that the impact on property values is an irrelevant consideration for the build. Thomas Thompson, the lawyer representing the residents, said there was no back-and-forth consultation between Eastlink and the public about the tower. He said the only correspondence they received from Eastlink was a letter from the telecom’s site acquisition manager, Stephen Banks, saying the company was taking their concerns “very seriously.” Eastlink, however, claims in the court filing that it sent “notification packages,” which included technical details and Health Canada safety code information, to all residents within a radius of three times the tower height and put a notice in the local newspaper of the proposal on Nov. 21, 2018. It also asked for comment within 30 days of receipt of the packages. On Jan. 3, 2019, Eastlink claims Banks spoke with Thompson about the residents’ concerns, saying that the telecom was using the “smaller and less aesthetically impacting designs” and that “reliable telecommunications infrastructure can be an influencing factor for homebuyers.” He also reiterated that concerns about property values and health risks were irrelevant, after consulting with ISED spectrum manager Denise Naim in December, the filing says. After the January correspondence, Eastlink said it heard nothing from the complainants or their lawyer. Eastlink says the public consultation complaints include “factual omissions and misstatements.” For example, that a telephone call was sufficient to address the residents’ concerns when Thompson complained that there was nothing put “in writing” about it. Also, Eastlink alleges that the complainants “minimized” the telecom’s written response to Thompson’s concerns put forth in January, when it noted the relatively low tower profile and benefit on property value. The telecom said that response meets the objective of engaging the public. “Ultimately, the Applicants’ assertion that their concerns were not heard, addressed or taken into consideration during the consultation process amounts to a disagreement with the outcome of the process and is not evidence of a denial of procedural fairness,” Eastlink wrote. It added its engagement with Thompson throughout the process showed that it gave the public an “opportunity to present any concerns, to ensure that such concerns are acknowledged and to have relevant concerns considered by the proponent. “A right to be consulted is not a right of veto and is not a guarantee that each and every concern expressed will influence the final determination of the matter,” Eastlink added.

Eastlink says it consulted community on opposed Moncton tower build

Brief | August 22, 2019

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Eastlink says it consulted community on opposed Moncton tower build

Brief | August 22, 2019

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