Flower Mound, TX - 5G Small Cell Towers

Thomas D. Collinsworth filed this request with the Town Of Flower Mound of Flower Mound, TX.
Tracking #

124-21

Status
Completed

Communications

From: Thomas D. Collinsworth

To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

I've noticed what I believe to be the new 5G small cell towers in Flower Mound. They all appear to be painted black. You'll find two photos attached to this message to show what I'm talking about (this one is located at the southeast corner of Justin Road and Long Prairie Road). I would like the following information:

1.) a map showing the location of all of them;
2.) all contracts, applications, and permits related to them; and
3.) the date the cellular service for each tower started and a document proving that date.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request.

I would prefer the request filled electronically, by e-mail attachment. For files that are too large to be sent by email, please use an online file sharing service such as Dropbox, Google Drive, or your own servers and provide a link. Or you can upload the files directly using the link provided by MuckRock.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Thomas D. Collinsworth

From:

The following form was submitted via your website: Public Information Request

First Name: Thomas

Last Name: Collinsworth

Telephone Number: (617) 299-1832

Email Address: requests@muckrock.com

Address1: MuckRock News 411A Highland Ave

Address2: DEPT MR 108673

City: Somerville

State: MA

Zip: 02144

How do you wish to receive your records: Email

Records Requested:

To Whom It May Concern:

Pursuant to the Texas Public Information Act, I hereby request the following records:

I've noticed what I believe to be the new 5G small cell towers in Flower Mound. They all appear to be painted black. You'll find two photos attached to this message to show what I'm talking about (this one is located at the southeast corner of Justin Road and Long Prairie Road). I would like the following information:

1.) a map showing the location of all of them;
2.) all contracts, applications, and permits related to them; and
3.) the date the cellular service for each tower started and a document proving that date.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request.

I would prefer the request filled electronically, by e-mail attachment. For files that are too large to be sent by email, please use an online file sharing service such as Dropbox, Google Drive, or your own servers and provide a link. Or you can upload the files directly using the link provided by MuckRock.

Thank you in advance for your anticipated cooperation in this matter.

I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Thomas D. Collinsworth

IMPORTANT NOTE: Under the Public Information Act, some categories of information do not have to be released. Exceptions to disclosure fall into two general categories: 1) mandatory exceptions that make information confidential and require a governmental body to withhold information, and 2) discretionary exceptions that allow but do not require a governmental body to withhold information.

In most instances, a governmental body is required to request a decision from the Attorney General in order to withhold information from a requestor. However, a requestor may permit a governmental body to redact information without requesting an Attorney General decision. You are not required to agree to the redaction of any information responsive to your request, but doing so may streamline the handling of your request. If you agree to redactions in this request, then you may request the redacted information in a future information request.

Do you AGREE to the redaction of information that is subject to MANDATORY exceptions, provided such redactions are clearly labeled on the information you received?: Yes (and I have read the Important Note as it relates to mandatory exceptions)

Do you AGREE to the redaction of information that is subject to DISCRETIONARY exceptions, provided such redactions are clearly labeled on the information you receive?: Yes (and I have read the Important Note as it relates to discretionary exceptions)

File Upload: 5G20-202499202620Justin20-20120-2002-18-2021.jpg

Additional Information:
Form Submitted on: 2/25/2021 10:03:22 AM
Referrer Page: https://www.flower-mound.com/FormCenter/Town-Secretarys-Office-22/Public-Information-Reques-88
Form Address: https://www.flower-mound.com/FormCenter/Town-Secretarys-Office-22/Public-Information-Request-88

From: Flower Mound Police Department

Dear Mr. Collinsworth,

The Town has no records responsive regarding locations nor service dates for tower startups. That information would come from the provider directly. The Town would only have a permit for any installations. In order to help you with your request regarding permits, can you please supply us a date range you are seeking?
Regards,

Ginger Choate
Town Secretary’s Office
Town of Flower Mound
2121 Cross Timbers Rd.
Flower Mound, TX 75028
(972) 874-6071

From: Thomas D. Collinsworth

January 1, 2017 to the date of my request would work for me.

Thank you,
Thomas

From: Town Of Flower Mound

Thomas,

We had provided this information previously. Would you please email me back to insure you received these documents?
Best regards,

Ginger Choate
Town Secretary’s Office
Town of Flower Mound
2121 Cross Timbers Rd.
Flower Mound, TX 75028
(972) 874-6071

From: Thomas D. Collinsworth

Hi Ginger,

I got a map and a spreadsheet on the status of the permits; however, can I get a copy of the actual permits themselves as I asked for in my original request?

Again, permits from January 1, 2017 to the date of my request is all I want.

Also, are there no contracts with the city for AT&T, Verizon, Extenet, Sprint (I think they're T-Mobile now), or New Cingular Wireless PCs, LLC in regard to these towers?

Thank you,
Thomas

From: Town Of Flower Mound

Hi Thomas,

This information was sent to you on 7.8.21 after you stated you did not receive the first one. I am attaching the previous response to this email, please verify that you did receive these documents.

Thank you,

Linda A. Proskey
Administrative Secretary
Town of Flower Mound
Town Secretary's Office
2121 Cross Timbers Road
Flower Mound, TX 75028
972-874-6075

From: Thomas D. Collinsworth

Hi Linda,

I believe I sent a followup email to Ginger Choate on 7.26.21 regarding your 7.8.21 email. In it I said:

>Hi Ginger,
>
>I got a map and a spreadsheet on the status of the permits; however, can I get a copy of the actual permits themselves as I asked for in my original request?
>
>Again, permits from January 1, 2017 to the date of my request is all I want.
>
>Also, are there no contracts with the city for AT&T, Verizon, Extenet, Sprint (I think they're T-Mobile now), or New Cingular Wireless PCs, LLC in regard to these towers?
>
>Thank you,
>Thomas

Could you or her provide the permits and answer my questions?

Thank you,

Thomas

From: Town Of Flower Mound

Hi Thomas,

I am sorry for the confusion; I was not aware that you were seeking additional information from what was sent previously. Ginger is currently out of the office and I am just covering for her while she is gone. Let me work on this and I will get back to you shortly.

Thank you,

Linda A. Proskey
Administrative Secretary
Town of Flower Mound
Town Secretary's Office
2121 Cross Timbers Road
Flower Mound, TX 75028
972-874-6075

From: Town Of Flower Mound

Hi Thomas,

I reviewed the PIR request and the information Ginger has sent you. On the spreadsheet you were provided you will find the permit number; with that you can do a search on our website for the permit. Below is the link to the search page.

https://etrakit.flower-mound.com/etrakit/Search/permit.aspx

If you need any further documents, please click Here<https://www.flower-mound.com/FormCenter/Town-Secretarys-Office-22/Public-Information-Reques-88> to complete a new public information request.

Thank you,

Linda A. Proskey
Administrative Secretary
Town of Flower Mound
Town Secretary's Office
2121 Cross Timbers Road
Flower Mound, TX 75028
972-874-6075

From: Thomas D. Collinsworth

Hi Linda,

Thank you for that information; however, you still didn't answer my question about the contracts. Also, I asked for copies of such contracts in my original request, so I shouldn't have to file a new request.

Does the town have any contracts on hand related to these cell towers?

Is the word "agreement" more proper to use here? I noticed the map provided says "IRU Agreement Addendum B", "Page 236 of 253", and "Attachment 2". It seems to be related to the American Tower and UC Synergetic companies. I think any court of law would find my request for "all contracts, applications, and permits related to them" to include any such agreements as well to be a reasonable interpretation. Please stop using legal semantics to delay my request, and please answer my questions so that I can better understand the situation.

The Texas Public Information Act isn't exclusively for lawyers or for those with intricate knowledge of government or legal wording but, as Texas Attorney General Ken Paxton said, to "assure[] that government entities give citizens access to information about what public servants are doing on their behalf—information they need to gain a more complete understanding of how their government works and hold their public officials accountable." The way you're conducting yourself is delaying this process. You should assume anyone making a request is just your average citizen and be more than helpful to them.

Please provide any contracts or agreements related to the list of cell towers that was provided to me.

Thomas

From:

Please see attached.

[Description: cid:image001.jpg@01CC463E.9D6B8DD0]
CONFIDENTIAL NOTICE: This electronic transmission and any documents or other writings sent with it constitute confidential information which is intended only for the named recipient and client and which is subject to attorney/client privilege. If you have received this communication in error, do not read it. Please reply to the sender at Taylor, Olson, Adkins, Sralla & Elam, L.L.P. that you have received the message in error. Then delete it. Any disclosure, copying distribution or the taking of any action concerning the contents of this communication or any attachment(s) by anyone other than the named recipient is strictly prohibited.

From:

All,

Please see the attached correspondence from the office of Sean Jackson -
Counsel for the South Central Market of Verizon Wireless.

Regards,
James

<http://www.verizon.com>

James D. Dobbins

Network Legal Manager - National
Network Real Estate/Regulatory

Public Policy, Law & Security

M 972.623.7001
600 HIDDEN RIDGE
IRVING, TX 75038

<http://www.facebook.com/verizon> <http://twitter.com/verizon>
<http://www.linkedin.com/company/verizon>
<http://www.instagram.com/verizon>

*NOTICE:* *This e-mail and any attachments are confidential and may also be
subject to legal privilege. If you are not the intended recipient, or have
otherwise received this communication in error, please delete it and notify
the sender immediately. Thank you.*

From: Town Of Flower Mound

A fix is required to perfect the request.

From:

Please see the attached regarding your February 25, 2021 request.

[Description: cid:image001.jpg@01CC463E.9D6B8DD0]

CONFIDENTIAL NOTICE: This electronic transmission and any documents or other writings sent with it constitute confidential information which is intended only for the named recipient and client and which is subject to attorney/client privilege. If you have received this communication in error, do not read it. Please reply to the sender at Taylor, Olson, Adkins, Sralla & Elam, L.L.P. that you have received the message in error. Then delete it. Any disclosure, copying distribution or the taking of any action concerning the contents of this communication or any attachment(s) by anyone other than the named recipient is strictly prohibited.

From: Town Of Flower Mound

The request has been forwarded from one agency to another agency or department for further review or follow up.

From: Town Of Flower Mound

Please see the attached regarding your request.

[cid:image003.jpg@01D8588C.B7A577D0]
CONFIDENTIAL NOTICE: This electronic transmission and any documents or other writings sent with it constitute confidential information which is intended only for the named recipient and which may be legally privileged. If you have received this communication in error, do not read it. Please reply to the sender at Taylor, Olson, Adkins, Sralla & Elam, LLP that you have received the message in error. Then delete it. Any disclosure, copying, distribution or the taking of any action concerning the contents of this communication or any attachment(s) by anyone other than the named recipient is strictly prohibited.

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