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10 Pianning December 1996 <br /> <br />Given that situation, my advice to lo- <br />cal governments is to get a handie op, the <br /> ey elemen:s of the Telecommunications <br />Act of 1996,, which lays out the ground <br />rules for industry and local government <br />in the area of land-use law. <br /> <br />\.Vhat is required <br />The law creates a presumption that needed <br />wireless facilities can be sited in a com- <br />munity. Flat refusals to grant permit ap- <br />plications are no longer allowed. The lax,,, <br />also requires that requests for pern'ds- <br />sion to build must be acted on promptly. <br />It forbids regulations from favoring one <br />sort of wireless service provider over <br />another. And it prohibits local govern- <br />m3nts from regulating radio frequency <br />emissions. A federal standard has been <br />set in this area and demonstrated compli-' <br />ance with that standard is alt a locality <br /> <br />can seek from ti~e permit applicant. <br /> Regular con'~munication witi; the car- <br />tiers serving a community is also essen- <br />tial. At least once a year every locality <br />should invite the telecommunications car- <br />tiers serving the area to a regular meet- <br />lng. Use this time to review the contents <br />of permit applications. Place special em- <br />phasis on the type of information that is <br />expected fi'om the applicants. Identify <br />the parts of the application that can be <br />left blank, which n'mst be filled out, and <br />under what conditions an application will <br />be rejected as incomplete. Also, ask ser- <br />vice providers where they ma)' want to <br />build facilities in the next },ear. <br /> Increasingly telecommunications com- <br />panies are teaming up with local govern- <br />ments to sponsor regional wireless semi- <br />nars. These educational forums usually <br />last a full da}' and bring together local <br /> <br /> What the l 7ireless Revolution Means <br /> <br /> ,~. t this moment, . thousands of <br /> <br /> ~' are standing at planning counters <br /> /...' t~, everv~,here in the U.S., demand- <br />, ".'..~ing l~ermits--now. In most com- <br /> .,,unities, however, there is no plan for <br /> accommodating the sites over the long <br /> haul. <br /> Both city, and county governments typi- <br /> cally categorize personal wireless facili- <br /> ties as special or conditional uses. Yet <br /> they often rely on outdated radio trans- '' <br /> mission and satellite dish zoning p'rovi- ':.' <br /> sions to regulate them. - <br /> But some communities have instituted ' <br /> multitiere~"review 'pr0~e-dui'es. ' Undei- ....... <br /> some of thes~ procedures, residential zones <br /> get one approach, commercial and indus- <br /> trial zones another; monopoles require <br /> review While mounts 50 feet and less are ': ". <br /> <br /> The advantage to a'zonihg ordinance ' ' <br /> approach 'is that each cell. site 'is"dealt '".-.:.:?::~ <br /> with consistently and unifgrmly. The dis- · .' ', <br /> advantage' is that the jurisdiction 'deals '-'%%- <br /> with cell sites one at a tim~YAs a result, <br /> wireless carri ers are asking f0r;' ahd lodal <br /> governments are approving, %st'systems <br /> <br /> Some. ~itidk.. gn'd. comat~S2knb~',i~a~ t~at <br /> the}, are running out'o( good'¢~'ll .Sit~s~ ' <br /> <br /> ...... ' .... "' .' ". - - :Some communmes leasej~ubhc Iand--mcluding water tanks to <br /> <br /> San Ffax~cis~'h'igi:~ b}0;l~"'~f ~ui'ddiii"~'~. ;:!:.: the':lSa~{'gixiddih~s' d6n"t provide.th~ 'cer- fact'that' S0m~' '~omnsunities are leksing <br /> for"planrfiii~ '~0mmis~i~i~r~ t'o' ~i'k~e."ig. ': ~ai/at2/"0f a g6od Plah. '~ ': '": '" ...... : ..... public land--gcater tanks, parkland rights- <br /> review_~g_c~e!! s.i!e, hpp_li, fatisr~..B.ut.~r?-' ',:,The. Situation._-is complicated bv the . of-way--to wireless carriers Leasinor>ublic <br /> <br /> <br />