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" Offices in 470 U.S.Bank Plaza <br /> "414k" .4` „M South Sixth Street <br /> Minneapolis Minneapolis MN 55402 <br /> i`utr 3'SZ -. Saint Paul (612)337-9300 telephone <br /> a ri Vi ,,,;... (612)337-9310 fax <br /> St.Cloud www.kennedy-graven.com <br /> C H A R T E R E D Affirmative Adam Equal oppoauney Employer <br /> MEMORANDUM <br /> TO: Sherburne/Wright Counties Cable Commission <br /> FROM: Bob Vose <br /> DATE: October 3, 2013 <br /> RE: Further FCC Action Regarding Wireless Facility Siting <br /> The Federal Communications Commission (FCC) is considering adoption of rules further <br /> impacting local governments' zoning authority. The proposed rules would allow wireless <br /> service providers to add facilities to existing buildings, towers, and other structures in <br /> public rights-of-way and elsewhere. The wireless industry is pushing for adoption of the <br /> rules. <br /> Background <br /> Under the Telecommunications Act of 1996, 47 USC § 332(c)(7), local governments <br /> retained zoning authority over wireless towers, antennas, and related facilities. <br /> Notwithstanding, the FCC has issued several orders interpreting the law in a manner that <br /> restricts local authority over wireless facilities. Most notably, the FCC established a <br /> "shot clock” requiring action on zoning requests related to wireless facilities within 90 <br /> days for collocations (i.e. adding wireless facilities to an existing tower) and 150 days for <br /> other applications. In Minnesota, this has relatively impact because of the "60 day rule," <br /> Minn. Stat. § 15.99, governing zoning actions. <br /> Subsequently, Congress passed Section 6409(a) of the Job Creation Act of 2012 which <br /> states that "a state or local government may not deny, and shall approve" particular <br /> requests to add, remove, or replace transmission equipment on an "existing wireless <br /> tower or base station" if the request would not "substantially change the physical <br /> dimensions of such tower or base station." <br /> It is our view that these regulations do not apply where the governmental entity is acting <br /> in a proprietary capacity; i.e. the rules do not apply to leasing of municipal property to <br /> wireless companies. Additionally, these regulations only apply to facilities used for <br /> "personal wireless services" which generally means cell phone service, and does not <br /> 432895v1 RJV SH255-I <br />