Microwave Antennas in the Public Right-of-Way

The request was partially successful.

Dear Midland Park Borough,

This is an email request for public records under New Jersey's Open Public Records Act, and the common law right of access.

The public records I am requesting are:

(1) AUDIO Recordings in their ORIGINAL "DCR" and unedited electronic format (including metadata) of any and all Midland Park Board of Health meetings on Monday, January 14, 2019;

(2) For the period January 17, 2019 to the present, all Public Records including AUDIO Recordings in their ORIGINAL "DCR" and unedited electronic format (including metadata) of meetings relating to the "Sample Urgency Ordinance" I provided Midland Park on Thursday, January 17, 2019, at approximately 5:35 PM for the purpose of protecting the public against the installation of microwave radiation antennas in close proximity to residential homes and in the public right-of-way.

(3) For the period January 17, 2019 to the present, all Public Records including AUDIO Recordings in their ORIGINAL "DCR" and unedited electronic format (including metadata) of meetings relating to the copy of the Public Health Nuisance Code of New Jersey I provided Midland Park on Thursday, January 17, 2019, at approximately 5:35 PM for consideration by our municipal Board of Health and for regulating the installation of microwave radiation antennas in the public right-of-way.

Please acknowledge receipt of this message, send all responses to me via electronic file, and kindly respond by or before the time prescribed by N.J.S.A. 47:1A-6

Should you have any questions or require additional information please contact me.

Thank you,
Bill Sosis

Wendy Martin (via Dropbox),

Hi there,

Wendy Martin ([Midland Park Borough request email]) invited you to edit the folder
"sosis Public Right of Way OPRA 1-29-20 Microwave Antennas" on Dropbox.

Wendy said:
"Mr. Sosis, Attached is the requested audio of the Board of Health meeting
dated January 14, 2019 and relative information related to your OPRA
request dated January 29, 2020. There are no additional records since your
last two OPRA requests dated July 23, 2019 (responded on July 26, 2019)
and December 16, 2019 (responded on December 23, 2019), where you were
requesting information on Small Network Nodes-Cell Antennas-5G Equipment,
Wireless Telecommunications Facilities. You were provided with any and all
information. The Borough does not have any records relative to Microwave
Antennas in the Public Right-of-way Should you have any questions please
contact me via email. Regards, Wendy Martin, R.M.C. Borough of Midland
Park [Midland Park Borough request email] "

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The Dropbox team

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Hi there,

In case you missed it, Wendy Martin ([Midland Park Borough request email]) shared
"sosis Public Right of Way OPRA 1-29-20 Microwave Antennas" with you on
Dropbox.

Wendy said:
"Mr. Sosis, Attached is the requested audio of the Board of Health meeting
dated January 14, 2019 and relative information related to your OPRA
request dated January 29, 2020. There are no additional records since your
last two OPRA requests dated July 23, 2019 (responded on July 26, 2019)
and December 16, 2019 (responded on December 23, 2019), where you were
requesting information on Small Network Nodes-Cell Antennas-5G Equipment,
Wireless Telecommunications Facilities. You were provided with any and all
information. The Borough does not have any records relative to Microwave
Antennas in the Public Right-of-way Should you have any questions please
contact me via email. Regards, Wendy Martin, R.M.C. Borough of Midland
Park [Midland Park Borough request email] "

[1]View on Dropbox
Thanks!
- The Dropbox Team

Dropbox, Inc.
PO Box 77767, San Francisco, CA 94107 © 2020 Dropbox
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Dear Midland Park Borough,

Your response, as I understand it, is that there are no additional records other than those already provided. But I remain concerned about the possibility of missing records because of your closing remark that "the Borough does not have any records relative to Microwave Antennas in the Public Right-of-way." I think a little history might be helpful in understanding my concern.

If you will recall, on July 13, 2018, I submitted my first request for information relative to Microwave Antennas (5G) in the public right-of-way.

On Mon, Jul 16, 2018, you responded saying no public records existed "relative to 5G antennas for any time period."

On December 20, 2018, I submitted a second OPRA request for records related to "microwave antennas' in the public right-of-way. In my request I explained how throughout the U.S., wireless companies like Verizon are deploying hundreds of thousands of "microwave antennas" in proximity of 15 to 50 feet from people's homes and businesses. I said the "microwave antennas" (otherwise known as "5G") were being installed on utility poles within the public rights-of-way. I also said Verizon was deploying these microwave antennas under various names such as "Small Cell" antennas, "Distributed Antenna Systems" (DAS), "Wireless Network Facilities" (WTF), "5G Technology", etc.

Despite being apprised of the different aliases by which 5G or Microwave Antennas may be known, on Monday, December 31, 2018, your response again was that no such records existed.

However, on Thursday, January 3, 2019, after my third request, the relative documents were suddenly discovered and forwarded to me.

Interestingly, the documents I received on "microwave antennas"/"5G Technology" all pre-dated my July 13, 2018 OPRA request that was subsequently denied. For example, I received a letter to Midland Park from Steven J. Weiss, a Verizon Representative. The letter, dated December 16, 2016, requested the council's "non-site specific consent" to locating and operating these "microwave antennas" in the public right-of-way. I received an April 13, 2017 email from Midland Park's attorney, Robert T. Regan, to the Midland Park Administrator requesting $5,000 from Verizon for processing Verizon's request. I received a copy of a May 12, 2017 letter from Gregory D. Meese, a Verizon representative, enclosing a check in the amount of $5,000 payable to Midland Park.

In light of the above, I think it would be unreasonable for anyone to believe that any confusion between the several 5G aliases is due to some semantic misunderstanding. It is obvious that public records relative to "microwave antennas" have existed in Midland Park since as far back as December 16, 2016.

Sincerely,

William Sosis