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• • ofPo tential controversies. Other places,the requires.Otherwise,cellular licensees risk the panelist noted,are attempting to simply outlaw FCC denying their license renewal applications towers.This may result in federal-state tensions, for failing to improve their systems to meet the however,as the next section will discuss. public's increased demand for service. 3. FCC Requirements of Cellular Licensees If the FCC denies an incumbent's renewal appli- Under the Communications Act,the FCC can cation on this basis,the newcomer will face the only license radio transmission facilities for a same burden of installing additional base stations during its first license term.The newcomer's failure specific period of years.This is true of cellular telephone networks and all broadcast radio and to do so will imperil its own chances for a license renewal.The FCC's rules and regulations,there television stations.As Symposium participants observed,during the term of its license,any fore,codify a strong Federal interest in the licensee must operate its licensed facilities in the construction of new base stations to meet the public interest as the trustee of a public trust. public'sis demand for service.Moreover,a petition Incumbent licensees may seek renewal of their Pending before the FCC for a ruling preempting local licenses as their current terms expire,but their officials from adopting unnecr-cvary burdens on the placement of new base station facilities. renewal applications may draw challenges by overfilers. FCC practice is to give worthy incum- 4. Distinguishing RF from ELF bent licensees a renewal expectancy.A renewal One participant,although noting the very different expectancy is the most important factor the FCC considers in determining whether to grant the technologies involved in cellular transmissions incumbent licensee's renewal application,or to and power lines,asked two questions.One,to instead grant a new license to the overfiler.The what extent will the type of litigation on ELF and assertions of reduced property values come the RF Commission's conferral of a renewal expectancy depends on the licensee's stewardship of its portion field?Second,to what extent do health effects of the radio spectrum during the most recent issues raised with respect to ELF translate into the RF arena? license term. Section 22.941 of the FCC's Rules and Regulations One panelist immediately noted the vast differ- sets explicit standards for determining whether ences between the two contexts and the impor- any cellular licensee is entitled to a renewal tante of maintaining the clear distinctions between the two.The participant who posed the expectancy. Under that rule,the incumbent must question noted significant litigation in the ELF demonstrate,among other things,that it: arena and questioned to what extent one could 1. has substantially used its spectrum for its distinguish RF from ELF in discussions of health intended purpose;and effects and property values. 2. has substantially complied with applicable Commission rules,policies,and the Participants and panelists had a variety of opinions. Communications Act. One participant noted that electric utilities would do well to reduce exposures to the very low levels As part of its showing,the licensee must submit: of RF from base stations.Another,responding to a. a description of its current service area in the statements made on RF and ELF,made three terms of geographic coverage and population points.First,most residents'key objection to base served,as well as the system's ability to accom- stations was simply nor wanting to see a tower. modate the needs of roamers(transient cellular Second,people are concerned about potential or users in the system's service area who are actually feared risks,not just demonstrable risks.The par- subscribers in distant cellular networks);and ticipant's final point was that her company(a b. an explanation of its record of expansion, cellular carrier)had hired real estate appraisers at including a timetable of the construction of various locations to discern any effects by base new cell sites(base stations)to meet changes stations on housing prices.The studies had found in demand for cellular radio service. that,in every case,housing prices near the towers had at least kept pace with the real estate market4111/ Clearly,the FCC intends cellular networks to for the general area. construct new base stations as the growth in traffic