Letter of response to Telus from Larry Johnson ----------------------------------------------------------- Subject: Legal Situation found regarding Telus Notice and Default Consultation Process Date: Wed, 29 Sep 2010 23:07:02 -0700 From: L Johnson To all Parties involved in the Telus (BC0544) Tower Project in Metchosin, There has been a Legal Situation found regarding Telus Notice and Default Consultation Process. When I was filling in my comment sheet for Telus from the notice they sent out regarding Metchosin file BC0544, I noticed it says on the comment sheet that they are going to send copies of the comment sheet to the Thompson Nicola Regional District, and Industry Canada. I realized that the Thompson Nicola Regional District was not the land use authority for our area, so I did some researching. It has been brought to my attention that Telus has defaulted in the Industry Canada Default Consultation Process CPC 2-0-03, on several points. Telus was required by Industry Canada to ensure at least 30 days were provided for public comment, and to include but not be limited to the following: 1. the proposed antenna system's purpose, the reasons why existing antenna systems or other infrastructure cannot be used, a list of other structures that were considered unsuitable and future sharing possibilities for the proposal; 2. the proposed location within the community, the geographic co-ordinates and the specific property or rooftop; 3. an attestation that the general public will be protected in compliance with Health Canada's Safety Code 6 including combined effects within the local radio environment at all times; 4. identification of areas accessible to the general public and the access/demarcation measures to control public access; 5. the project's status under the Canadian Environmental Assessment Act2; 6. a description of the proposed antenna system including its height and dimensions, a description of any antenna that may be mounted on the supporting structure and simulated images of the proposal; 7. Transport Canada's aeronautical obstruction marking requirements (whether painting, lighting or both) if available; if not available, the proponent's expectation of Transport Canada's requirements together with an undertaking to provide Transport Canada's requirements once they become available; 8. an attestation that the installation will respect good engineering practices including structural adequacy; 9. reference to any applicable local land-use requirements such as local processes, protocols, etc.; 10. notice that general information relating to antenna systems is available on Industry Canada's Spectrum Management and Telecommunications website (http://www.ic.gc.ca/eic/site/smt-gst.nsf/eng/h_sf01702.html); 11. contact information for the proponent, land-use authorities and the local Industry Canada office; and 12. closing date for submission of written public comments (not less than 30 days from receipt of notification). (A) The Legal Situation found regarding this Telus Notice and Default Consultation Process they were supposed to adhere to, is evident when you read the 1st point on page 2 of the notice. Telus did not explain the reasons why existing antenna systems or other infrastructure cannot be used, a list of other structures that were considered unsuitable, nor any future sharing possibilities for the proposal. These missing points are undeniably and irrefutably left out on purpose. The Telus Corporation has shown no reasons why an existing antenna system or other infrastructure cannot be used, and has not to this date shown anyone known to myself, or anyone I have spoken to a list of other structures that were considered unsuitable, nor any future sharing possibilities for the proposal. These Notices are usually made from templates of previous Notices and those points should have been on this Notice. (B) The Comment sheet on page 7 of the Telus Notice sent to residents, states Telus will forward your comments to the "Thompson Nicola Regional District, and Industry Canada Officials". On page 1 of the Notice Telus states "any inquiries that are received as a result of this notification will be logged and submitted to the District of Metchosin and Industry Canada as part of our application concurrence". The wording should have been "your comments will be forwarded to the Municipality of Metchosin, and Industry Canada Officials," as it is our comments that we send in on the "written comment sheet", as per the required points (#12) for the notice. The fact is according to the comment sheet provided by Telus, Telus is going to send the Comment Sheets to the "Thompson Nicola Regional District, and Industry Canada Officials", and "any inquiries that are received as a result of this notification will be logged and submitted to the District of Metchosin and Industry Canada as part of our application concurrence". The comment sheets should have clearly been sent to Telus, the Municipality of Metchosin and Industry Canada. (C) The closing date on the notice was Sep 30, 2010 for submission of written public comments. The closing date for these comments is not to be less than 30 days from receipt of notification, and residents did not receive a notice until at least the 5th of September, 2010. The date written on the 1st page of the Notice is September 1st, 2010. The closing date would then be no earlier than October 1st, 2010, and at least 30 days after the last notice was received, which as far as I know was Sep 8th, 2010 for myself and my Family. This would make the closing date 7 days later than the date they tell us comments are due. Telus made no attempt to have the Notices sent in a way to reveal what date they were received. This seems to be a purposely neglected procedure from a corporation that performs such notices on a regular basis, and it gives little time in an already rushed time line for the public to investigate all the points they need to in this kind of Project. Review: It is possible that point (B) may have been an oversight on TELUS’s part, but these other points are far beyond any oversight Telus could have made. Industry Canada must Deny Telus an Application until Telus fulfills its responsibilities to Industry Canada. At this time I must point out that the Municipality of Metchosin now has a established and documented Public Consultation Process for Tower Siting, this should make it easier for Telus to Consult with the Public without the possibility of any oversights or exclusions on TELUS’s part. There is great Public dismay over this Tower Siting, Telus has not planned this with any reasonable effort, siting a tower in the middle of the densest part of the Municipality, making it a clear and obvious Hardship on local residents as their own property will now be DEVALUED and UNMARKETABLE, if a tower is sited near their homes!!! There is a Petition which is being forwarded to you, and in this partition 95% of the property owners within 500 Meters of the proposed tower site have signed it to have Telus find a more reasonable site. Neighbours, including myself, have signs erected to show their dismay, and displeasure with Telus and the property owners who have not given any thought to this Project. The owner of the property who Telus wishes to install this tower on does not live in this area, and does not care about any financial or health issues which this tower will bring upon their neighbours. Finally, I have done a lot of research since this notice was received, and have found proof that "non thermal low level radiation causes cellular damage". I Demand blood chemistry measurements be taken from myself Larry Johnson (50), my wife Diane Johnson (47), my Son Kevin Johnson (17), and also my Daughter Teresa Johnson (21) as she lives at this property, before the transmitter goes in anywhere within 500 Meters of our home at the address below to insure we do not become ill, or diseased due to any emissions from the tower, or any other fixtures that may be added to this tower or building. In the event a Telecommunications Tower is built within 500 Meters of my home I also Demand that Telus either purchases our home from us at 25% above market value, or pays us "any possible devaluation the tower may cause to our home and property". Industry Canada states: The proponent must ensure that at least 30 days are provided for public comment. Notification must provide all information on how to submit comments to the proponent in writing. The proponent must also provide a copy of the notification package to the land-use authority and the local Industry Canada office at the same time as the package is provided to the public. Therefore Industry Canada must have Telus restart this process in the proper, correctly formatted method. Hopefully involving all parties that are affected regardless of the minimum requirements. Industry Canada makes it very clear in their list of requirements what the correct procedures are, and that The proponent MUST INSURE THAT THESE THING ARE DONE. I will be in direct contact with Jim Laursen of Industry Canada, and his superiors, to insure this happens. Thank you, Larry Johnson 4555 Rocky Point Rd. Victoria, BC V9C 4E4