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-ci047Xjp:e313566: at thomas.loc.gov Page 2 of 2 <br /> <br />'(iv) No State or local government or instrumentality thereof may regulate the <br />placement, construction, and modification of personal wireless service facilities on the <br />basis of the environmental effects of radio frequency emissions to the extent that such <br />facilities comply with the Commission's regulations concerning such emissions. <br /> <br />'(v) Any person adversely affected by any final action or failure to act by a State or local <br />government or any instrumentality thereof that is inconsistent with this subparagraph <br />may, within 30 days after such action or failure to act, commence an action in any court <br />of competent jurisdiction. The court shall hear and decide such action on an expedited <br />basis. Any person adversely affected by an act or failure to act by a State or local <br />government or any instrumentality thereof that is inconsistent with clause (iv) may <br />petition the Commission for relief. <br /> <br />'(C) DEFINITIONS- For purposes of this paragraph-- <br /> <br />'(i) the term 'personal wireless services' means commercial mobile services, unlicensed <br />wireless services, and common carder wireless exchange access services; <br /> <br />'(ii) the term 'personal wireless service facilities' means facilities for the provision of <br />personal wireless services; and <br /> <br />'(iii) the term 'unlicensed wireless service' means the offering of telecommunications <br />services using duly authorized devices which do not require individual licenses, but does <br />not mean the provision of direct-to-home satellite services (as defined in section <br />303(v)).'. <br /> <br />(b) RADIO FREQUENCY EMISSIONS- Within 180 days after the enactment of this Act, the <br />Commission shall complete action in ET Docket 93-62 to prescribe and make effective rules <br />regarding the environmental effects of radio frequency emissions. <br /> <br />(c) AVAILABILITY OF PROPERTY- Within 180 days of the enactment of this Act, the <br />President or his designee shall prescribe procedures by which Federal departments and agencies <br />may make available on a fair, reasonable, and nondiscriminatory basis, property, rights-of-way, <br />and easements under their control for the placement of new telecommunications services that are <br />dependent, in whole or in part, upon the utilization of Federal spectrum rights for the transmission <br />or reception of such services. <br /> <br />THIS SEARCH THZS DOCUMENT GO TO <br />Next Hit Forward New Search <br />Prev Hit Back HomePage <br />Hit List Best Sections Help <br /> Doc Contents <br /> <br />http://thomas.loc.gov/cgi-bin/query/1 ?c 104:./temp/-c 1047Xjp:e313566: 12/11/96 <br /> <br /> <br />