6.15. SR 05-19-1997 - Laserfiche WebLink

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a local government cannot deny a permit based on concern about radiation. You can, however, require that the applicant provide evidence that the tower meets the FCC standards. We need t/me to review and revise our oM/nanc~s. Can we ho/d off making any deddons or taking any applications until we do so? The cellular industry will argue that any delay or moratorium in processing applications in effect prohibits their ability to provide service. The U.S. District Court for the Western District of Washington (State), however, in Sprint St~ectrum, L.P.v. City of Medina, 1996 U.S. Dist. LEXIS 6469, has recently ruled that a city that placed a six-month moratorium on applications for towers while it revised its zoning ordinance did not violate the Telecommunications Act. The court said that the city clearly intended to process and approve applications once the ordinance was revised, and that a temporary moratorium was, under that State's law, an appropriate zoning tool. Who &cide~ if a local government body has violated the Telecommunkatlonz Act provisions on wireless communications facilities? Claims that a local government has violated this section of the Telecommunications Act will be adjudicated by the appropriate state or federal court. "Any person adversely affected" by t~he action of the local government may bring in an action in either state or federal court. The only issue that can be appealed to the FCC is a claim that the local government improperly denied an application based on the harmful effects of radio frequency emissions. Are there any federal requirements applicable to a wireless provider? Can a local government require that these be met before issuing a zoning or other pent, it w conmmct or modify a cellular tower or other wire/ess service facility? Yes. All antenna structures used for communications must be approved by the FCC in accordance with its regulations. In general, towers over 200 feet and antennas that extend more than 20 feet above a supporting structure must meet Federal Aviation Administration requirements for marking and lighting, and towers in cririesl airspace near airports need other FAA clearances. In addition, towers must meet the requirements of the National Environmental Policy Act (NEPA). The FCC requires applicants to show that a new tower will comply with federal rules affecting wilderness areas, wildlife preserves, endangered species, historical sites, American Indian religious sites, flood plains, wetlands, high-intensity white lights in residential neighborhoods, and excessive radio-frequency radiation exposure. Applications for towers that may have a significant environmental impact must go on public notice for comment. A court is likely to find a local government acted reasonably if it first required that an applicant demonstrate that the tower has met these federal requirements as a condition of local site, construction, or modification approval. Does the FCC offer any assistance to local governments in siting and modifying wireless facilities? Yes. The FCC has several databases available with information on licenses granted by area and by service. The FCC also has designated a specific person to answer local governments' technical questions. For information contact Steve Markendorff, Chief of the Broadband Branch in the Wireless Telecommunications Bureau, at (202) 418-0620 (e-mail: smarkend@fcc.gov). To access the databases on-line, call Interactive Systems, Inc., 1601 North Kent Street, Suite 1103, Arlington, Virginia, (703) 812-8270, or visit the FCC Wireless Bureau's Public Reference Room, 2025 M Street, N.W., Washington, D.C. 20554, (202) 3418-1350. Satellite "Dishes" The Act deals with satellite service reception antennas differently than it does with wireless telecommunications towers and antennas. And the FCC has interpreted the Act's provisions relating to satellite dishes as being far more restrictive of local regulations. Satellite programming services involve the transmission of signals from a satellite to a receiver, usually a round "dish" that can vary in size from 18 inches to 10 or more feet in diameter. The size of the dish varies with the nature and strength of the satellite transmissions. The familiar, large backyard dishes are known as "C- Band" Satellite dishes. These dishes are used to receive lower powered transmissions. More recently, direct broadcast satellite, or "DBS," service has appeared. DBS uses higher power transmissions, A Coumy AHD LOCAL Ot:rlCIAIJ GUIDE TO THE TE~CO~4~fUrflCATtOhtS ACT Of= 1995