No matter where you look, no community in this country seems to actually want a cell antenna to be constructed nearby. Perhaps nothing can better unite a community than a shared common enemy, such as a cell tower operator.

As it turns out, the enemy really is not the cell tower owner, but rather Congress. Congress passed the Telecommunications Act of 1996, which creates a uniform siting standard for these towers. With this federal law in their pocket, tower owners are often able to win local fights aimed at keeping them out of town. So blame Congress for your tall tower woes.

Under the federal law, tower owners benefit from the three conditions that local authorities must adhere to in making tower approval decisions. First, the law regulates radiation from these towers. So long as an operator meets national standards, local groups and planning boards really have little to say.

Second, no municipality may have a blanket prohibition against these cell towers. They have to be allowed somewhere in town -- and it needs to be a place where installation is feasible.

Finally, there has to be due process in the hearing process, so that these often out of town cell operators will be afforded a fair chance. There must be a prompt conclusion to the deliberation process.

Now, cell operators have rights. But, how about local citizen groups? Do they have a say? Can their voice be heard?

This is an interesting, very current kind of issue. On the one hand, we all seem to use these cell phones. And everyone one of us hates it when our calls are dropped due to a lack of cell tower capacity. We just do not want these long antennas near where we work, live or relax.

I have represented many neighborhood groups and can tell you that opposing a cell site requires coordination, unity, and determination. Coordination because you need a group of concerned citizens, each with a particular job. If the groups consists of 50 people, but only two are doing 90% of the work, it probably will not work. The burdens must be shared.

Unity means the neighborhood group must speak with a common voice, and internal fights must remain internal. You will be appearing before the public, in front of the community and press. You need to be together.

Experts are so important in these kinds of cases because a win that will pass judicial review will usually be a win supported by the facts and science. Are you alleging radiation problems? Get a cell radiation expert. Are you alleging zoning inconsistency? Get a land use expert. Etc., Etc. Screaming neighbors will very seldom suffice.

You must be determined to win. Cell sites are hard to find and the cell companies anticipate opposition and build the cost of fighting into the cost of tower location. This will last for a while. If you show signs of losing interest, you will lose. Guaranteed. Do not be the first to blink.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.