7.9. & 7.10. SR 02-18-1997 - Laserfiche WebLink

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Seveml new wireless communications technologies have developed in the past few years. Many are forms of telecommunications services, such"as paging service and cellular telephone service. In the years ahead, personal communications service ("PCS") will also likely become more popular. Others are forms of television service delivery, such as direct broadcast satellite ("DBS") service. Although these technologies are "wireless," they all require, to varying degrees, the construction of either transmitting equipment (placed either on towers or sometimes on smaller "mono-poles") or receiving equipment (such as satellite dishes), or both, on public or private land. Most also require construction in the rights-of-way to lay wires to connect the towers with studios, switches, and computer control points. The cellular industry estimates that the number of towers needed will increase from 20,000 currently in use to over 100,000 nationwide over the next five to ten years. The businesses seeking to offer these new services t primarily the wireless telecommunications industry and the DBS industry -- tried very hard to persuade Congress and the FCC to preempt all local zoning and other regulatory authority over their facilities. Local governments responded by pointing out that they are not delaying industry growth. And industry claims that local zoning and safety regulations are major barriers to expansion of telecommunications competition are greatly exaggerated. A survey by the American Planning Association, for example, showed that 92 percent of applications for cellular towers were approved by local governments, most within 60 days. Thanks to the efforts of local governments and organizations, including the National Association of Counties and the American Planning Association, the 1996 Act preserves and affirms local authority over the placement, construction and modification of cellular telephone facilities and other "personal wireless telecommunications" service facilities. The Act also instructs the FCC to adopt rules that "prohibit restrictions that impair a viewer's ability to receive video programming" using satellite dishes, television antennas, and multipoint multichannel service antennas. Unfortunately, the FCC has responded to this latter directive with rules that greatly limit local regulation of these types of antennas. The FCC has also limited non-governmental restrictions of dishes and antennas, such as homeowner association rules, condominium rules and private covenants that affect an owner's own property, and is considering how far to go in prohibiting restrictions that are contained in leases and for common areas of condominiums, cooperatives and homeowner associations. These FCC proposals are vigorously opposed by local government organizations, including the National Association of Counties and the American Planning Association. Efforts will continue to get the FCC to reconsider and revise these rules, and if necessary may challenge the FCC in the courts. In the meantime, the following paragraphs describe the effect of the Act and the FCC's current rules on various kinds of telecommunications facilities, and present some of the questions that local governments need to answer. Personal Wireless Service Facilities Personal wireless services include cellular telephone, personal communications services, other mobile radio services, and any other FCC- licensed wireless common carriers. Although these services are classed together, each service works with a somewhat different technology and requires a different type of antenna and transmission facility. Cellular telephone service works by transmitting signals from relatively low-power transmitters on tall towers. Each transmitter covers an area called a "cell." As the user travels through one cell to another, the signal is "handed off" from one transmitter to another in the adjacent cell. Cellular transmitters are on towers of varying height, usually ranging from 40 to 300 feet and higher. Cellular transmitters also can be located on top of tall buildings. The number of towers needed to serve a particular area depends on the terrain and the population density-- more users may mean more and smaller cells, and therefore, additional facilities, with varying heights required for clear transmission. Personal communications service, or "PCS", is A COUNTY AND [.OC, AL OFFIC, IAL$ GUII~. TO IH£ ~'£L~¢OMMUPlICAIIOPI~ AC, T OF 1~6 i~