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

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a newer technology just starting to be constructed that uses even smaller "cells" than the traditional cellular service. It will compete with cellular telephone service and may become the service of the future if it provides better quality and reception, transmits data and offers paging. Since PCS transmitters cover an even smaller geographic area than cellular service, more. transmitters and towers will be needed, and towers will be placed much closer together. Specialized mobile radio (SMR) services typically consist of one or more base station transmitters and a mobile radio unit in the vehicle or premises of the user. Communications are transmitted through the base station by telephone wires or by low-power radio signals. Users of SMR include fleet-dispatched taxicabs and delivew services and "closed system" mobile telephone Licenses to use specific portions of the airwaves in specific geographic areas for cellular telephone, PCS, and SMR services are issued by the FCC. SMR licenses have been around a long time, cellular licenses were first issued about 15 years ago, and PCS licenses are brand new. The FCC has allocated new licenses to increase the number of service providers. A particular geographic area can now have two cellular providers, six broadband PCS providers, 26 narrow-band PCS providers, and an undetermined number of SMR licensees-- all looking for sites for their facilities. The provision of the new Act concerning personal wireless communications facilities generally preserves local zoning authority over the siting, construction, modification, and use of these facilities, but requires zoning and related local laws to satisfi/new requirements. The provision re ads: Sec. 704 Facilities Siting; Radio Frequency Emission Standards a) National Wireless Telecommunications Siting Policy Section 332(c) (47 U.S.C. 332(c)) is amended by adding at the end the following new paragraph: "(7) Preservat/on of Loca/Zoning Authority. "(A) General Authori~ Except as provided in this paragraph, nothing in this Act shall limit or affect the authority Of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities. "(B)' Limitations "(i) The regulation of the placement, construction, and modification of personal wireless service facilities by any State or local government or instrumentality thereof. "(I) shall not unreasonably discriminate among providers of functionally equivalent services; and "(II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services. "(ii) a State or local government or instrumentality thereof shall act on any request for authorization to place, construct, or mod/fy personal wireless service facilities within a reasonable period of time after the request is duly filed with such government or instrumentality, taking into account the nature and scope of such request. "(iii) Any decision by a State or local government or instrumentality thereof to deny a request to place, construct, or modi~ personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record. "(iv) No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions. "(v) Any person adversely affected by any final action or failure to act by a State or local government or any instrumentali~ thereof that is inconsistent with this subparagraph may, within 30 days after 'such action or failure to act, commence an action in any court of competent jurisdiction. e, A COUNIY AND LOCAL OFFICIAL5 GUIDE TO THE TELECOMMUNICATIOI~ ACT oF 1996