Laserfiche WebLink
8 -14 -1995 11:00PM FROM P.4 <br />(ii) A State or local government or instrumentality thereof ." <br />shall act on any request for authorization to place, <br />construct, or modify personal wireless service facilities <br />within a reasonable period of time after the request is <br />duly filed with such government or instrumentality, <br />taking into account the nature and scope of such request. <br />(iii) Any decision by a State or local government or <br />instrumentality thereof to deny a request to place, <br />construct, or modify personal wireless service facilities <br />shall be in writing and supported by substantial evidence <br />contained in a written record. <br />(iv) No State or local government or instrumentality thereof <br />may regulate the placement, construction, and <br />modification of personal wireless service facilities on the <br />basis of the environmental effects of radio frequency <br />emissions to the extent that such facilities comply with <br />the Commission's regulations concerning such emissions. <br />(v) Any person adversely affected by an final action or failure <br />to act by a State or local government or any <br />instrumentality thereof that is inconsistent with this <br />subparagraph may, within 30 days after such action or <br />failure to act, commence an action in any court of <br />competent jurisdiction. The court shall hear and decide <br />such action on an expedited basis. Any person adversely <br />affected by an act or failure to act by a State or local <br />government or any instrumentality thereof that is <br />inconsistent with clause (iv) may petition the <br />Commission for relief." <br />WHEREAS, the Telecommunications Act of 1996 does not place any <br />further restrictions or limitations on the authority of a State or local government <br />or instrumentality thereof over the decision to place, construct, and modify <br />personal wireless service facilities, including monopoles and towers. <br />WHEREAS, the Telecommunications Act of 1996 defines the terms <br />"personal wireless services ", "personal wireless service facilities ", and "unlicensed <br />wireless service" but does not define "unreasonably discriminate ", "reasonable <br />period of time" or any other terms in Section 332(c)(47 U.S.C. 332(c): (7) <br />PRESERVATION OF LOCAL ZONING AUTHORITY. <br />NOW, THEREFORE, BASED UPON THE AUTHORITY PROVIDED <br />FOR AND THE LIMITATIONS ON THAT AUTHORITY CONTAINED <br />Page 64 <br />