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FROM LARKIN HOFFMAN 17TH FL 12. 10. 1996 11 : 40 P. 3 <br /> LARKIN, HOFFMAN, DALY& UNDO'. N, LTO. <br /> Planning Commission Members <br /> • <br /> December 6, 1996 <br /> Page 2 <br /> fact, APT would incur substantial duplicative expenses caused by e use and approval of two tower <br /> locations, rather than a single location, including: <br /> • Site acquisition and evaluation; <br /> • Leasehold negotiations and monthly rents; <br /> • Regulatory review and compliance; <br /> • Transmission equipment; and <br /> • Antennas. <br /> Section 704(a) of the recently enacted Telecommunications Act o'1:96 prohibits regulation of the <br /> placement of personal wireless service facilities by a municipality) :t has the effect of discriminating <br /> against a tower applicant or otherwise impedes the delivery of wi el;ss services. In this case,the City's <br /> requirements would cause APT to incur substantial duplicative exe ses by Iforcing it to acquire, erect, <br /> install and operate two (2)telecomrnunicatipns locations, when the 'ngle location proposed by APT will <br /> accomplish the same result. This result is not acceptable. The P1: ing Commission's request not only <br /> • would impose an excessive burden on APT,but would discriminate :gainst APT in violation of the <br /> Telecommunications Act. <br /> Given the foregoing, APT respectfully requests that its applicatio 's to build a telecommunications tower <br /> at 18489 Twin Lakes Road be recommended for approval to the application' <br /> Counc 1 without any further delay. <br /> ely, <br /> Peter J. Coyle, for <br /> LARKIN, HOFFMAN, DALY & LINDGREN, Ltd. <br /> cc: David Sellergren, Esq. <br /> Linda Whitman <br /> Brian O'Connor, Esq. <br /> Mike O'Rourke <br /> • <br />