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A _ oF RIOHFIELD OITY CITY OF RICHFIELD PLNIfIlfiG OOmmission • Letter alissumeme • Item: #2 Agenda Section: New Business PC Letter: #11 Date: August 27, 1996 • GENERAL INFORMATION Subject: Consideration of an ordinance amendment on telecommunication towers and antennas. References: See attachments. ANALYSIS Background: Over the past several months, the City has received requests to locate telecommunication towers and antennas in various locations in the City as well as on City facilities. The City's current ordinance does not enable City staff to adequately respond to these requests. On June 24, 1996 the City Council passed a moratorium on the siting of towers and antennas and directed staff to study the issues. • The communications industry has experienced significant growth, changes in technology, and deregulation over the past several years. The increased demand - for wireless telephone services is a part of this growth and change. The positive result of the growth and change will be additional and improved communication services to City residents and businesses. However, towers and antennas will need to be located in the City to provide this unproved service. The goal of the City's ordinance should be to facilitate improved communication services while minimizing the potential negative impact of the communication infrastructure. Until last year, the demand for wireless telephone service was provided through cellular communications technology. In 1995, the Federal Communications Commission (FCC) auctioned off two additional licenses to companies offering a new type of wireless technology kno as-PersonaLCommunicatio u -• ' - (PCS). Additional Iicenses of PCS technology will likely be sold in the future. Each company will need its own antenna and tower infrastructure to provide service. It is unknown how many companies will ultimately be providing services in the Twin Cities. • The Federal Telecommunications Act of 1996 places limits over a municipality's ability to regulate telecommunication towers and antennas. Cities are bound by the following limitations: • cities may not "unreasonably" discriminate among providers; • cities may not restrict wireless communications on the basis of environmental effects; and • the use of zoning power to restrict antennas must be reasonable and not have • the effect of either prohibiting service or unreasonably enhancing the "market value" of City facilities. Cities do have the ability to establish reasonable standards and regulations for towers and antennas to protect the public health, safety and welfare.