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Provide for non-discriminatory use of the <br />facility by all eligible telecommunications <br />providers; <br /> <br />· Conduct a survey of potential sites for <br /> construction; <br /> <br />· Develop a set of specifications for joint <br /> venture proposals; <br /> <br />· Issue a request for joint venture proposals <br /> that is publicly circulated; and <br /> <br />· Accept Competitive bids and evaluate them <br /> through regular contract procedures. <br /> <br /> To implement a public land and structures <br />leasing program, consider the following: <br /> <br /> · A survey of appropriate sites and <br /> structures that might be made. available; <br /> <br />Standard terms and conditions for leased use <br />of public space and structures, including <br />fees, indemnity, quality of construction, <br />inspection and code compliance <br />requirements; <br /> <br />· Standard procedures for applications, <br /> negotiations and awards of leases; <br /> <br />· An ordinance or regulation; <br /> <br />· Public disclosure of known leasing <br /> opportunities and terms and conditions; and <br /> <br />· Publicly documenting decisions. <br /> <br /> The-management responsibilities involving <br />multiple user antenna sites are not trivial, and the <br />local government may wish to hire a consultant to <br />manage the interference problem for the local <br />government, or lease the site to a manager for a <br />percentage of the rental revenue. This latter <br />approach, properly handled, obviates the problem <br />of determining what an appropriate rental fee will <br />be, which will vary from location to location and <br />among the different radio services at each <br />location. <br /> <br />What about the Act's procedural <br />requirements? <br /> A locality should also review the local zoning <br /> <br />ordinance and other regulations to ensure <br />compliance with the procedural requirements of <br />Section 704. <br /> A decision on an application for the <br /> placement, construction, or modification of a <br /> wireless facility site ~ l~blic or private ~ must <br /> be made "within a reasonable period of time." <br /> <br />What is a reasonable time? <br />The Best Answer: <br /> The amount of time required for you to reach a <br />reasonable decision. <br />A Good Answer: <br /> Roughly the same time as it takes to review and <br />approve or deny applications of a similar nature <br />and scope for non.telecommunications facilities <br />-- no more and no less. <br /> A decision deny/ag a request for <br /> permission to install or construct wireless <br /> telecommunications facilities must be in <br /> s~elting and must be based on evidence in a <br /> written record. Most zoning boards and <br /> planning commissions do this already. Some <br /> public works departments, however, may have <br /> · to change their procedure. Be sure you have: <br /> <br />· written applications; <br /> <br />· written materials documenting the review of <br /> the application by the staff or officials; <br /> <br />· written transcripts of any hearings on the <br /> application;. <br /> <br />· written copies of testimony presented at <br /> any hearing; <br /> <br />· a written denial; and <br /> <br />references in the written denial to the <br />evidence in the record that formed the <br />basis for the denial. <br /> <br />Some additional questions a local <br />government may face: <br />Citizens are concerned that cellular towers <br />may emit harm~l radiation. Can we deny <br />an application because of this concern? <br />As long as the tower meets the radiation <br />emission standards that have been set by the FCC, <br /> <br />OA COUI'IIY Al'lO [OCAt OFFICtAI.$ GUlD~ l'O ri'lC T~tI~COMMUNtCATICP5 Act or 1996 <br /> <br /> <br />