KRKO wins Tower Site battle

[radiofan]

County Council reverses radio tower ruling

Council discounts studies' claims of health risk

By David Chircop
Herald Writer


EVERETT -- The Snohomish County Council in an appeals hearing Tuesday voted 3-2 to overturn a hearing examiner's October ruling that halted construction on two controversial AM radio towers south of Snohomish.

Council members who reversed Examiner Barbara Dykes' decision said she cited studies that lacked substantial evidence to prove that radio frequency emitted from the radio antennae could pose a public health risk.

"I certainly can't find significant evidence to support the hearing examiner's decision," County Councilman Dave Gossett said.

The decision, which may be appealed to Snohomish Superior Court, opens a path for S-R Broadcasting Inc., the owners of KRKO (1380 AM), to open a new full-power AM radio station to broadcast on a frequency of 1520 AM.

Andy Skotdal, president and general manager of the family-owned commercial radio station, said the new 50,000-watt station could be on the air as soon as this summer. He declined to state what type of programming the station would carry.

The two proposed 199-foot-tall radio towers are identical to three other towers that were erected on the site in July. A fourth 349-foot-tall radio antenna was also constructed this summer.

The towers used by KRKO were built after more than a decade of litigation, hearings and appeals.

In the case of the two new towers, the examiner concluded that the county should deny a permit because of the possibility that exposure to radio frequency could cause serious health risks to people living near radio towers. While the proposed towers are on farmland, they are within close proximity of hundreds of homes.

Dykes cited three studies that found increased cases of childhood leukemia around AM transmitters. She acknowledged that the evidence is not as precise as one would like it to be.

"In my opinion we have a public safety and health issue," said County Councilman Dave Somers, whose district includes the Snohomish River Valley.

Somers defended Dykes' decision, saying it was based on credible peer-reviewed scientific articles and sound legal conclusions.

After Gossett cited a lack of scientific proof regarding health effects, Somers shot back, "Check with the kids."

In S-R Broadcasting's 46-page appeal, lawyers James Tupper Jr. and Sarah Mack argued that Dykes' decision ignores science that demonstrates the proposal poses no risk to the pubic and that she instead based her decision on unsupported fear and opposition to the project.

It also says she improperly exercised jurisdiction over an area regulated by the Federal Communications Commission.

Opponents have appealed the decision to the Federal Communications Commission.

County Council members on both sides of the issue said they expected Tuesday's decision would be appealed.

Lee Bennett Jr., president of Citizens to Preserve the Upper Snohomish River Valley, has fought the construction of towers since they were first proposed in 2000. He said his group is weighing its options.

"We're not done," he said. "And I think they wish we were, even Andy Skotdal said it's taking longer than I thought."

County councilmen Gossett, John Koster and Brian Sullivan voted to overturn the original ruling. Councilmen Somers and Mike Cooper voted against.



Reporter David Chircop: 425-339-3429 or dchircop@heraldnet.com.

From Everett Heraldnet thanks to Robert O. Smith for passing this along