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8 -14 -1995 10:59PM FROM P.3 <br />UNITED STATES CONFERENCE OF MAYORS <br />RESOLUTION NO. <br />A RESOLUTION OF THE UNITED STATES CONFERENCE <br />OF MAYORS AFFIRMING THE AUTHORITY OF LOCAL <br />GOVERNMENTS TO DETERMINE THE PLACEMENT, <br />CONSTRUCTION AND MODIFICATION OF PERSONAL <br />WIRELESS SERVICE FACILITIES, INCLUDING BUT NOT <br />LIMITED TO, MONOPOLES AND TOWERS, WITHIN THEIR <br />JURISDICTIONS. <br />WHEREAS, on January 31, 1996, the 104th Congress of the United <br />States of America adopted the Telecommunications Act of 1996, amending and <br />repealing various sections and provisions of the Communications Act of 1934. <br />WHEREAS, the Telecommunications Act of 1996 was designed to provide <br />for a pro - competitive, de- regulatory national policy framework designed to <br />accelerate rapidly private sector deployment of advanced telecommunications and <br />tttAuxuattvAt tctlutvlugtcs and sctvlt.cs to all Atuctlt.atts by upcitlity all <br />telecomniunications markets to competition. <br />WHEREAS, the National Wireless Telecommunications Siting Policy: <br />Section 332(c)(47 U.S.C. 332(c) was amended by adding at the end the <br />following new paragraph: <br />"(7) PRESERVATION OF LOCAL ZONING AUTHORITY.- <br />(A) General Authority - Except as provided in this paragraph, <br />nothing in this Act shall limit or affect the authority of a State <br />or local government or instrumentality thereof aver decisions <br />regarding'the placement, construction and modification of <br />personal wireless service facilities. <br />(B) Limitations - <br />(i) The regulation of the placement, construction, and <br />modification of personal wireless service facilities by any <br />State or local government or instrumentality thereof - <br />(I) shall not unreasonably discriminate among <br />providers of functionally equivalent services; and <br />(11) shall not prohibit or have the effect of prohibiting <br />the provision of personal wireless services. <br />Page 63 <br />