Santa Barbara stands at a critical juncture as the County Board of Supervisors prepares to vote on February 4, 2025, to amend its Wireless Telecom Ordinance, enabling widespread densification of small cell and macro cell towers. This decision, if approved, will increase the risks of devastating, electrically caused wildfires. These dangers are well-documented in California. The 2018 Woolsey Fire, started by an electrical utility pole, caused $6 billion in damages.

Electrical fires pose unique risks, including toxic smoke, hazardous firefighting conditions, and complex evacuation challenges, particularly for vulnerable populations. Despite these risks, Santa Barbara’s current Wildfire Protection Plan ignores electrically caused fires, leaving the region dangerously unprepared. Violations of the National Electric Code by at least one telecom provider further increase the likelihood of a fire disaster. Local officials have failed to address these dangers.

Broadband International Legal Action Network (BBILAN) contends the wireless ordinance amendments are illegal. Failure to provide adequate prior notification and denying the public a meaningful opportunity to comment violates constitutional due process. Locating towers near sensitive areas such as schools, playgrounds, hospitals, and historic sites without safe setbacks is an ultrahazardous activity.

The Board of Supervisors cannot by fiat simply exempt itself from complying with the California Environmental Quality Act (CEQA), which would necessitate preparation of a detailed Environmental Impact Report. The board’s failure to determine consistency with Santa Barbara’s 2030 Climate Action Plan and other environmental and planning laws is an additional serious legal flaw. Finally, the board cannot arbitrarily delegate its primary responsibilities to its Planning Commission for ministerial action. The board must demonstrate under CEQA that it has carefully considered the above fire risks.

Proponents advance legal and technical justifications. They assert that the 1996 Telecommunications Act (TCA) “ties our hands” by limiting local control over telecommunications infrastructure. They argue that the FCC’s shot-clock deadlines necessitate rushing and rubber-stamping permits. BBILAN responds that such claims are misleading: Local control over fires is a basic right protected by the 9^th and 10^th Amendments. A failure to complete a permit application will pause the shot clock. In any event, telecom providers have a safe harbor: A permit must be granted under the TCA if a provider can prove an effective interruption of service.

The telecom companies insist that wireless cell tower densification is essential for emergency communication. This is false. Power shutoffs to cell towers are standard procedure, rendering wireless communication generally unavailable. There is no easy solution.

A Balanced Approach

BBILAN does not oppose wireless technology outright; rather, BBILAN advocates a safer, more balanced approach. Regarding fire risks, we recommend that the Board of Supervisors adopt the Malibu Fire Safety Protocol and integrate its principles into a checklist for telecom permit applicants. As a matter of policy, we urge that optical fiber networks are safer, faster, more durable, cost-effective, and energy resilient than wireless infrastructure. According to telecom expert Tim Schoechle, wireless dependence could lead to skyrocketing energy costs, particularly as AI and 5G deployment grows.

Intelligent Solar Microgrids (ISM) can compound the benefits of optical fiber wired infrastructure, providing emergency power during outages, saving lives during evacuations, and minimizing property damage. ISMs are already available in parts of Santa Barbara under the leadership of organizations like the Clean Coalition. (Clean Coalition’s president, Craig Lewis, points out that ISMs are versatile and can be installed on wired, wireless, or hybrid platforms, inviting innovative applications.) These are complex matters. We urge that the board instruct the Planning Commission to appoint a Task Force, including Safe Tech Santa Barbara and BBILAN, to assess the risks and opportunities, and publish a White Paper in 90 days.

Seeing the Big Picture

The overarching choice is about responsible and engaged leadership and public accountability. It transcends legal debate. A Board of Supervisors decision to prioritize public safety over telecom convenience will set a precedent for wise, resilient, and accountable governance in the 21^st century. The implications extend far beyond Santa Barbara. The case highlights the need for communities nationwide to balance technological advancement with safety, sustainability, and equity.

Electrically caused wildfires represent just one example of how poor planning and lack of administrative oversight can lead to preventable disasters. By giving priority to optical fiber and intelligent solar microgrids, supported by the Malibu Fire Safety Protocol, Santa Barbara can establish a 21^st-century model, based on local control and ownership over electrical infrastructure which other regions can adopt.

Vote ‘No’ or Abstain on February 4

The proposed ordinance amendments reflect short-term thinking, placing industry profits over public safety and wellbeing. Santa Barbara has the opportunity to lead with wisdom, resilience, and innovation. By voting “No,” or abstaining, and exploring safe alternatives through a Task Force, the Supervisors can advance technological progress imaginatively and responsibly.

Resources:

• https://www.countyofsb.org/1599/Board-of-Supervisors
• https://ca-santabarbaracounty.civicplus.pro/2836/Board-of-Supervisors-Methods-of-Parti cip
• http://emfsafetynetwork.org/safe-technology-for-santa-barbara-take-action/
• https://www.facebook.com/SafeTechSBC/
• Contact: info@bbilan.org

Julian Gresser is the cofounder, with Ben Levi of BBILAN, the Broadband International Legal Action Network, and co-counsel in Fiber First Los Angeles v. LA County Board of Supervisors.