Arguing that a planned telecommunications tower threatens his views, health and property values, a rural Park County landowner is challenging the project in court.

TCT intends to construct a 150-foot tall tower on private property that’s about halfway between Cody and Powell; the aim is to provide high speed internet access to the area, where the current connectivity is poor.

The site, owned by George Farms, sits between lanes 16 and 17 and not quite a half-mile west of U.S. Highway 14-A. It’s also about that same distance from a residence owned by James Jolovich.

When Park County commissioners considered granting a permit for the tower in November, Jolovich and two of his siblings, who also own land in the area, objected to the location as being too close to their properties.

Commissioners ultimately voted 3-1 to approve a special use permit for TCT’s new tower, but Jolovich had indicated the vote wouldn’t settle the issue.

While saying he respected the commissioners’ decision and appreciated their work, “for me, this isn’t over,” Jolovich said at the Nov. 11 meeting. Following through on that statement, he filed an appeal of the decision in Park County District Court on Dec. 10, beginning a months-long process. The petition for review contends that commissioners acted arbitrarily, without substantial evidence, and abused their discretion.

In the meantime, TCT is moving forward with the project.

TCT Chief Operating Officer Richard Wardell said the company feels it followed the county’s guidelines and is also confident county officials “listened to and took seriously the initial objections in their voting of the applications.”

“As such, the work on the George tower site has been proceeding,” Wardell said last week, though he added that there have been delays in getting materials.

‘A definite need’

Because of the geography, residents in the area don’t have any good options for wireless internet access or cellular service, Wardell told commissioners in November.

“This area happens to be in the shadow of McCullough Peaks,” he said, adding, “So there is a dead spot there — a definite need.”

It’s been recognized as a problem for some time. In 2014, commissioners cleared the way for AT&T to build a tower about 1.2 miles south of where TCT is now looking, but the company eventually abandoned the project. Wardell said TCT has been planning its own tower for years, and reached an agreement with George Farms to put the structure on the business’ property.

Scott George said the arrangement with TCT won’t bring in a lot of money for George Farms, “but we need it [the tower] for us and for the public service for that area.”

“I’ll tell you, the people we’ve talked to are saying, ‘Bring it on,’” George told commissioners at the November meeting, describing multiple neighbors who’ve run into problems because of the lack of broadband. For instance, he said one neighbor was unable to keep a tenant because of the poor connectivity. And George said the lack of access has presented challenges for his grandchildren, nephews and nieces as they’ve tried to do schoolwork, for a daughter-in-law attempting to complete college courses and in his own weekly Zoom meetings.

“Every now and again it just freezes … and it says unstable internet connection,” he said. George added that, “this last year has really demonstrated the need for internet connection.”

‘A serious affront’

Jolovich and his siblings, Judy Frisby and Anthony Jolovich, did not dispute that the area needs better broadband access. But they said the tower should be placed somewhere else — specifically suggesting the site where AT&T had wanted to build, or a spot closer to the Georges’ home.

In his appeal, filed by Cody attorney Scott Stinson, James Jolovich contends the location chosen by TCT “is squarely within the views of [his] home and would obstruct his views of Heart Mountain.”

At the November hearing, Jolovich mostly focused on concerns about his health. He mentioned he buried the power lines on his property to avoid electric fields and said TCT’s tower would “bombard” his property with radiation.

“This is, to me, it’s a serious affront,” he said of the tower, adding that it “is destroying everything I’ve worked for on that property.”

Jolovich, who primarily lives in Billings, presented a binder of information he said showed the health impacts from cellular towers. He suggested an antenna located west of Lane 18 led to all three adjoining property owners — including a family member who lived a half-mile away — contracting cancer.

“What you’re placing … is the very same thing that, in my opinion, basically took two people’s lives,” he told commissioners.

While their safety remains a subject of scientific study, there has been no conclusive data indicating the radiofrequency (RF) waves put out by cell towers cause cancer or any other health problems.

“At this time, there’s no strong evidence that exposure to RF waves from cell phone towers causes any noticeable health effects,” the American Cancer Society says on its website. “However, this does not mean that the RF waves from cell phone towers have been proven to be absolutely safe. Most expert organizations agree that more research is needed to help clarify this, especially for any possible long-term effects.”

The Federal Communications Commission, which regulates communications towers, has set standards aimed at limiting people’s exposure to radiation. The agency says typical sites have ground-level power densities that are “well below” the recommended exposure limits.

Since the George Farms tower will be closer to the residents it’s serving, Wardell said TCT will be able to use less than maximum power allowed by the FCC. And he noted several cellular towers in the county — such as those mounted on the City of Cody recreation center — are much closer to homes than this one.

“So is it safe? Yes,” Wardell said. “It’s the standards used nationwide … with regards to power levels and the safety of it.”

George added the location “is as far away from everybody’s houses as we can get.” The nearest residence is a little more than 1,200 feet from the tower, according to maps analyzed by the Tribune. Jolovich’s brother, Anthony, has a residence which sits about 1,500 feet away.

‘I’m not going to get in their business’

After looking over the materials Jolovich provided on the health risks of cell towers, Commissioner Joe Tilden said it appeared “once you get over 300 meters [984 feet], the health issues are very minimal, if any.” Though he added, “from what I understand, the jury’s still out on that.”

This is not the first time Jolovich has fought to protect his property. He was previously taken to court by the Wyoming Department of Transportation, which had planned to remove the tall pine trees along his property during the widening of U.S. Highway 14-A in 2008. However, Jolovich was able to save his trees.

Last month, George argued to commissioners that with the massive pines still standing in front of Jolovich’s house, “he can’t see Heart Mountain.”

However, there is a gap in the evergreens where Jolovich enters and exits his property onto U.S. Highway 14-A; his sister, Judy Frisby, said the tower is “going to be right smack in the middle of [his] sight, where he comes through his trees.”

Commissioner Dossie Overfield suggested asking TCT to move the tower a small distance to the north to get out of Jolovich’s viewshed, but there were concerns about what new issues that might create.

“This particular location seems to fit what they’re trying to do and I don’t feel that we should hold that up,” Commissioner Lloyd Thiel said.‘“I’m not going to get in their business and tell them, ‘We’ve got a better location for you.’”

“No matter where you have it,” Thiel added, “you’re most likely going to have somebody not like it.”

At the end of the discussion, Commissioner Lee Livingston cast the lone vote against TCT’s special use permit.

Through his attorney, Jolovich is now asking presiding District Court Judge William Edelman of Buffalo to overturn the commissioners’ decision. The Park County Attorney’s Office will defend the board’s decision in filings that will play out over the coming months.

Federal funding

TCT has been under a time crunch to construct the tower, as it and other new towers are being paid for in part by CARES Act funding, distributed through the state’s ConnectWyoming program. Under the original rules, the work had to be done with invoices submitted by the end of 2020, Wardell said, but only one of the six planned Park County towers hit that deadline.

TCT has been waiting for five of the towers to arrive, as their delivery dates have been delayed, Wardell said, and the company is also still working to get permits for three towers sited on federal lands.

It’s possible the State of Wyoming will give ConnectWyoming participants more time to complete their broadband projects, since Congress has extended the deadline by which states must spend CARES Act dollars. However, as of last week, “there is no word on how that will shake [out] with this program,” Wardell said.

He added, “TCT is committed to completing the projects as awarded and progress is being made daily ... despite the delays in permitting, needed materials and equipment.”

One tower, located in the Lower Sunshine area west of Meeteetse, is in operation, he said, along with another tower in the Shell area in Big Horn County.

The other Park County towers being constructed by TCT — ranging from the Willwood area to Garland to a site east of Cody — did not draw any significant opposition as they went through the county’s permitting process.