As Bell Mobility continues seeking an exemption from Transport Canada enabling it to build its planned new cell tower in Copper Ridge, city staff are developing a protocol that would guide approvals for new towers.

In late January, residents of Copper Ridge in the area of the proposed tower were informed through a mail-out by the city that Bell Canada's proposal for a new cell tower off Falcon Ridge Drive had been turned down by Transport Canada.

The decision had been made due to federal restrictions in the Whitehorse Airport Zoning Regulations, restrictions that were put in place in the 1970s.

"Under this legislation, structures in the area of the proposed communication tower are restricted to height no greater than (nine metres) and therefore, Transport Canada could not approve the application by Bell Mobility Inc. for a communication tower at approximately 27 metres in height,” reads the letter.

Bell, city staff told residents, is seeking an exemption to permit the tower.

The proposal for the tower had been put to city council last summer as Bell was seeking to lease city land for it.

Numerous Copper Ridge-area residents spoke out against the tower. They offered arguments over aesthetics, perceived health impacts and what many felt was a lack of public consultation on the proposal.

Bell, meanwhile, posed the location as the best site for the area to cover the mounting demand for data services on its system. It's working to install a number of towers in the city to deal with that demand.

Ultimately, council approved the lease of the 15-metre by 15-metre piece of land contingent on Transport Canada's approval of the tower's design.

In an interview this morning, the city's planning manager, Pat Ross, said the city is waiting to hear whether Transport Canada allows the exemption.

"The ball's in their court,” Ross said.

As the summer construction season draws closer, he said, he suspects pressure will "ramp up” for Transport Canada to make a decision on the exemption.

Essentially though, it is a matter between Bell and Transport Canada at this point, he said.

If the exemption and then the design of the tower are approved, it would then return to council to sign off on.

In the meantime, Ross said, given the concerns that arose around the lease last summer, the city is working on developing a protocol to deal with towers that may be installed.

Under federal legislation, companies like Bell that are putting in towers must obtain a letter of concurrence from the city stating all municipal procedures have been followed.

With no formal procedures to follow, the city has usually signed off on such letters.

A protocol would govern public input and other procedures to happen before the letter of concurrence would be signed and provided to Industry Canada.

"We're working toward getting something like that out,” Ross said, noting it would likely be spring before it was put to the public.

As he noted, Whitehorse is still in the "infancy stage” when it comes to towers.

Until recently, there's been a limited number of towers and antennae in the city such as what's on top of the Hougen Centre and those in places like Riverdale and McRae.

With more demand on the system bringing companies like Bell to add more localized towers, public interest in the issue has come to the forefront, Ross said.

He did point out that Bell has been willing to work with the city on issues that have come up.

The tower location in Riverdale was moved to more of a greenbelt area rather than behind the Super A grocery store due to concerns raised by the city, he recalled.

When contacted by the Star this morning, Dennis Senger, a resident of Copper Ridge who came forward with concerns over the public input process last summer, said he suspects Bell will get its exemption and the residents will be forced to see the nearby tower every day.

Senger stressed his issue has always been with the process, noting that a public information meeting held last year on the tower plans was simply to provide information, and was not a consultation.

Researching protocols in other communities, he has come across a number that the city could use in coming up with its own.

Of particular note, he said, was one developed in 1999 in New York state which looked at the matter from an environmental point of view.

Across the country, he said, there have been too many cases of people waking up to learn a large pole is going to be shoved essentially in their back or front yard.

People need to have the ability to somehow affect such matters.

While the city is developing a protocol, Senger cited changes to Industry Canada's Antenna Tower Siting Policy designed to improve public consultation as a result of such issues across the country.

Previously, consultation was only required for towers that are 30 metres tall or higher.

The changes will now require companies installing new antennae to consult communities on all commercial tower installations regardless of the height, build the tower within three years of that consultation and ensure residents are well-informed of any upcoming consultations.

With plans for the Copper Ridge tower made prior to the new legislation, it's not expected the new legislation will affect it.

However, Bell is planning to install new localized towers in other locations, including Porter Creek, Marwell and close to the airport, which could be affected.

Bell Mobility representatives could not be reached for comment this morning.