© 2005 Updated: 12/05/04


December 2004

Antenna Tower Litigation Update

The massive Lake Cedar Group Supertower, approved by County Commissioners in August, 2003 and again in August, 2004, cannot be built until JeffCo District Judge Brooke Jackson rules on the appeal in 2005. On October 25, 2004, Jackson refused to lift a preliminary injunction against building the 730-foot tower on Lookout Mountain.

Of $40 million spent in Colorado on recent political advertising, Channels 4, 7, 9, and 20 (Lake Cedar Group) gained $34 million, a 60% increase from the 2002 election. The huge profit could buy available alternative sites at higher altitudes that do not cause interference for 50,000 residents and businesses in the greater Golden area. The primary purpose of the LCG "Supertower" is income from renting space on the "vertical antenna tower mall."

Construction of the Mount Morrison tower is also delayed. The legal appeal of County Commissioner approval for antenna tower expansion above Red Rocks Park and Amphitheatre, at the same altitude as many homes in Genesee, Lininger and Lookout Mountains, continues.

Citizens also objected to Foothills Fire Protection District 2003 approval of the switch back road up the mountain that fire apparatus cannot negotiate. One long term, 14-year firefighter, 30-year engineer who testified against approval of the road was terminated by the fire district board (see Inquisition of Steve Close…) The attorney for Bear Creek Development (owner of the Mount Morrison tower site) is Richard Scheurer. The attorney for Foothills Fire Protection District is also Richard Scheurer.

Clear Channel Communications acquired an FM radio tower on less than one acre that gained approval of JeffCo in 1982. The site is a few hundred feet across the Lariat Trail from the Buffalo Bill Museum in Lookout Mountain Park. The historic park and road were established in 1917.

Members of the Antenna Tower Committee of Canyon Area Residents for the Environment (CARE) measured and reported radiation levels from the antennas exceed legal limits. The FCC ordered the company to reduce power. Former County Administrator Ron Holliday permitted Clear Channel to fence the half-acre site from public Open Space land. JeffCo Open Space also permitted access for Clear Channel to remodel the building, tower and antennas expanded service (and radiation) from one station to three stations.

Clear Channel filed for height above average terrain exemption, which the FCC denied based on the objections of CARE and other FM stations that were denied expansion by the FCC due to short spacing of radio signals. Clear Channel lost… for now.

Click for Earlier Article:

Deb Carney Letter