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• <br /> . r <br /> • -'-.,,, :_i.-,K <br /> ' Y r <br /> 1o _J. <br /> ■ ,q <br /> El E q <br /> CHAPTER SEVEN <br /> Impact of the Act on Local Zoning Power <br /> The Act generally preserves local zoning authority over �A,� <br /> wireless telecommunications facilities(such as cellular towers) r` - 'i t r. �to r s . .'y: x"" ' <br /> as long as zoning requirements are nondiscriminatory,do not �1gCCOrC�I1�1g t0 Q'1CC27iL QTttC�I71 t Nps tOT1'0 r_i ., <br /> have the effect of prohibiting service,and are not based on the the t1 s of ollular_anterfna:c_ori ,, Ow , LmpT„tr*"-• <br /> health effects of radio frequency emissions. Zoning decisions t o slxttmes .,-from". $ Qu ( ' 4 <br /> must, however,be made within a reasonable time,be based on J t [�eCl e r'` � * f <br /> e.n4.0 .tea era $ ,, ° a <br /> evidence,and be in writing. By August 1996,the FCC will ( ` :1,":;„2,,„:-,---�, � <br /> mplete a proceeding that could affect local zoning authority <br /> T ...�. <br /> over rooftop television antennas and satellite dishes. Interested <br /> d <br /> Local governments have long exercised zoning authority over <br /> communities should participate in that FCC proceeding. <br /> development to ensure that the appearance and integrity of <br /> In the past several years,a host of new wireless neighborhoods are not marred by the cluttering of unsightly <br /> communications technologies have been developed. facilities or the intrusion of commercial facilities into <br /> residential areas. Like warehouses and smokestacks,placement <br /> Telecommunications services include paging service,cellular <br /> and location of antenna towers and satellite dishes present <br /> telephone service,and personal communications services <br /> ("PCS"). Television service delivery includes direct broadcast zoning issues. <br /> satellite ("DBS"). The Act contains language specifically protecting local zoning <br /> What all of these new wireless technologies have in comman_is authority to a significant degree. However,at the same time, <br /> that, to varying degrees, they require either the construction of the Act does place some new federal requirements on local <br /> zoning authority over wireless telecommunications facilities, <br /> transmitting equipment(placed on towers)or receiving <br /> equipment(such as satellite dishes),or both. As a result, if left and it leaves the door open for the FCC to consider adopting <br /> rules that could limit local zoning authority over DBS receiving <br /> unchecked, the growth of these services could result in the <br /> sprouting of new radio towers and receivers all over a dishes and television antennas. <br /> municipality's landscape—far more than exist under older <br /> technologies such as radio telephone service and television Local Zoning Authority over Wireless <br /> broadcast service. Most of these new facilities will be sited in Telecommunications Facilities <br /> developed areas—such as cities and suburbs—where the <br /> The Act addresses the issue of local zoning authority over <br /> potential residential and business customers of these new wireless telecommunications facilities in three steps. It(1) <br /> services are located. establishes a general principle that local zoning authority is <br /> preserved,subject to certain conditions; (2) lists the conditions <br /> 410 that local zoning requirements must satisfy;and(3) identifies <br /> which disputes will be handled by the courts and which will be <br /> handled by the FCC. <br /> 27 <br />