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Chapter Seven
<br /> Ilk long as wireless telecommunications facilities meet Zoning Issues Relating to DBS and Television
<br /> standards to be set by the FCC,a local government may not Broadcast Facilities
<br /> base any decision denying a request to construct such
<br /> facilities on the ground that radio frequency emissions from The Act contains no comparable local zoning provisions
<br /> the facilities will be harmful to the environment or health of dealing with the other type of communications facilities that
<br /> residents. might appear on your city's landscape(e.g.,television broadcast
<br /> antennas and satellite television dishes). This will probably
<br /> The Act gives the FCC,not local governments,the sole seem odd to most cities,since television antennas and dishes
<br /> authority to determine what standards wireless facilities may present precisely the same types of zoning concerns as
<br /> must meet to ensure that their radio frequency emissions - wireless telecommunications facilities—they can affect
<br /> do not harm humans or the environment. While local neighborhood appearance and integrity. After all,zoning
<br /> governments can require the facilities to comply with FCC requirements tend to be directed at the physical size and
<br /> emission standards,local governments may not adopt their appearance of facilities,not the particular services they are used
<br /> own standards. This means that,as long as the facilities to provide.
<br /> meet FCC emission standards,concerns about the effects
<br /> of emissions from radio towers on the health of nearby The Act does,however,contain two provisions that both the
<br /> residents is not a permissible reason for making zoning television broadcast and DBS industries are likely to try to use
<br /> decisions about the placement of wireless to restrict municipal zoning authority over television antennas
<br /> telecommunications facilities. and dishes.
<br /> The first provision gives the FCC exclusive jurisdiction over
<br /> � '` ' `"^'F` Y ` - ;:. "direct-to-home satellite services"—in other words,DBS
<br /> B,A.0 itiruires tlhe-K,G a t:.tari rds ,
<br /> e-, a 41. � - i .Tj{":' ..`' ;;1 service. This essentially gives the FCC the same broad
<br /> 4Tsic'oncernln r•, a •, • •
<br /> #� „ v., y.:,,,--;,',.e,:$ .r authority over DBS service that it has long had over television
<br /> r.. -r broadcast service. This may strengthen the FCC's hand in
<br /> ,,,«-i adopting rules concerning limitations on local zoning authority
<br /> , ., -- a ,, cq n over satellite dishes.
<br /> s', _� ket ,w�,1 r eo i r . G. . k
<br /> "` The second provision may be a bit more of an explicit threat to
<br /> ``� ayi<�x `'S •�1�'...,�,.c� '''�'S. � S�-,sf fs .�t.."
<br /> t,a. i,evelyetga v- ..,,.�.i ,;H ��`'.'1:: local governments. This provision requires the FCC—by
<br /> August 1996—to adopt rules that prohibit."restrictions"that
<br /> Who Resolves Disputes Between Municipalities and Wireless -- impair a viewer's ability to receive television programming from
<br /> Telecommunications Providers? over-the-air local television broadcast stations,DBS services,or
<br /> "multichannel multipoint distribution services" ("MMDS").
<br /> In a major victory for municipalities, the Act requires that a
<br /> wireless telecommunications provider claimino that-a-city-has The A-ctdoes not say what types of"restrictions"the FCC is
<br /> violated any of four out of five conditions listed above must supposed to prohibit. You should assume,however, that the
<br /> seek relief in a state or federal court,not at the FCC. The broadcast and DBS industries will argue to the FCC that local
<br /> disappointed applicant may go to the FCC only if it claims that zoning requirements concerning rooftop antennas and
<br /> the municipality improperly based its decision on the harmful backyard satellite dishes are"restrictions"that the FCC should
<br /> effects of radio frequency emissions from the proposed facilities. limit or prohibit. .
<br /> The FCC is also prevented from preempting local zoning
<br /> requirements except for those relating to radio frequency $ . , d « �i,,, 3 "'_.
<br /> emissions. Consistent with this restriction, the Act also -The FCC has issued a else r r ,' a 'ng
<br /> requires the FCC to discontinue its ending rulemaking .proposlrig_t(3�litut i giurga i,,tpp Ly( 1ec_UteU te4
<br /> oceedin concerningpreemption of local zoning _:glai o E 7� -
<br /> P g P P r �.� ..-i-- .
<br /> Tv'+�- a xn1. ,�ievi'M try+ - .,'..: .,.`
<br /> requirements for cellular towers. hrrut�tlonxsFitiiou" cortsuZras�Cing
<br /> =_41) . recans de its mason, �"`; :, "'k -
<br /> '>":47
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