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8 -14 -1995 11:81PM FROM P.5 <br />WITHIN THE TELECOMMUNICATIONS ACT OF 1996, AND THE <br />TRADITIONAL AND LONG STANDING AUTHORITY OF STATE AND <br />LOCAL GOVERNMENTS AND INSTRUMENTALITIES THEREOF TO <br />DETERMINE AND DECIDE THE APPROPRIATE LAND USES, ZONING, <br />AND PLACEMENT OF BUSINESSES AND FACILITIES WITHIN THEIR <br />JURISDIelION, THE UNITED STATES CONFERENCE OF MAYORS NOW <br />FINDS AS FOLLOWS: <br />1. Section 332(c)(47 U.S.C. 332(c): (7) PRESERVATION OF LOCAL <br />ZONING AUTHORITY of the Telecommunications Act of 1996 dearly defines <br />the authority of State and local governments and instrumentalities thereof to <br />regulate the placement, construction and modification of personal wireless service <br />facilities subject to the limitations contained above. <br />2. Further, Section 332(c)(47 U.S.C. 332(c): (7) PRESERVATION OF <br />LOCAL ZONING AUTHORITY of the Telecommunications Act of 1996 clearly <br />provides for an expedited judicial remedy within any court of competent <br />jurisdiction for any person adversely affected by any final action or failure to act <br />by a State or local government or instrumentality thereof that is inconsistent with <br />subparagraph (7), provided that the person adversely affected commence arty <br />legal action within 30 days after the final action or failure to act by the State or <br />local government or instrumentality thereof. <br />3. Finally, Section 332(c)(47 U.S.C. 332(c): (7) PRESERVATION OF <br />LOCAL ZONING AUTHORITY of the Telecommunications Act of 1996 clearly <br />defines and limits the role of the Federal Communications Commission as an <br />appeal body to those instances only, in which the action or failure to act by a <br />State or local government or instrumentality thereof is based upon substantial <br />evidence contained in a written record which is inconsistent with clause (iv) <br />concerning radio frequency emissions. <br />PURSUANT TO THE ABOVE FINDINGS, THE UNITED STATES <br />CONFERENCE OF MAYORS DOES RESOLVE AS FOLLOWS: <br />SECTION 1. To support the actions of local governments to retain their <br />authority over decisions regarding the placement, construction and modification <br />of personal wireless service facilities, including monopoles and towers. <br />SECTION 2. To oppose the actions of the Federal Communications <br />Commission which are designed to limit,, remove, or in any way alter the <br />authority of local governments to make decisions regarding the placement, <br />Page 65 <br />