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--c1047Xjp:e313566: at thomas.loc.gov Page 1 of 2 <br /> <br />THIS SEARCH THIS DOCUMENT GO TO <br />Next Hit Forward New Search <br />Prev Hit Back ~omePage <br />Hit List Best Sections Help <br /> Doc Contents <br /> <br /> S.652 <br /> <br />Telecommunications Act of 1996 (Enrolled Bill (Sent to President)) <br /> <br />SEC. 704. FACILITIES SITING; RADIO FREQUENCY EMISSION <br />STANDARDS. <br /> <br />(a) NATIONAL WIRELESS TELECOMMUNICATIONS SITING POLICY- Section 332(c) (47 <br />U.S.C. 332(c)) is amended by adding at the end the following new paragraph: <br /> <br />'(7) PRESERVATION OF LOCAL ZONING AUTHORITY- <br /> <br />'(A) GENERAL AUTHORITY- Except as provided in this paragraph, nothing in this Act <br />shall limit or affect the authority of a State or local government or instrumentality thereof <br />over decisions regarding the placement, construction, and modification of personal wireless <br />service facilities. <br /> <br />'(B) LIMITATIONS- <br /> <br />'(i) The regulation of the placement, construction, and modification of personal wireless <br />service facilities by any State or local government or instrumentality thereof-- <br /> <br />'(I) shall not unreasonably discriminate among providers of functionally equivalent <br />services; and <br /> <br />'(II) shall not prohibit or have the effect of prohibiting the provision of personal <br />wireless services. <br /> <br />'(ii) A State or local government or instrumentality thereof shall act on any request for <br />authorization to place, construct, or modify personal wireless service facilities within a <br />reasonable period of time after the request is duly filed with such government or <br />instrumentality, taking into account the nature and scope of such request. <br /> <br />'(iii) Any decision by a State or local government or instrumentality thereof to deny a <br />request to place, construct, or modify personal wireless service facilities shall be in <br />writing and supported by substantial evidence contained in a written record. <br /> <br />http ://thomas.loc.gov/cgi-bin/query/1 ?c 104: ./temp/Nc 1047Xjp: e313566: 12/11/96 <br /> <br /> <br />