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RELEVANT LINKS: <br />Section 6409(a) of the <br />Middle Class Tax Relief and <br />Joe Creation Act of 2012, <br />codified at 47 U.S.C. § 1455. <br />FCC Public Notice AD 12- <br />2047 (January 25, 2013). <br />FCC 14-153, Report & Order <br />(October 21, 2014). <br />FCC Public Notice AD 12- <br />2047 (January 25, 2013). <br />FCC Public Notice AD 12- <br />2047 (January 25, 2013). <br />City of Arlington Texas, et. <br />al. V. FCC, et. al., 133 S.Ct. <br />1863„ 1867 (2013) (90 days <br />to process collocation <br />application and 150 days to <br />process all other applications, <br />relying on §332(c)(7)(B)(ii)). <br />This model ordinance and <br />other information can be <br />found at National <br />Association of Counties <br />Website. <br />With the nationwide trend encouraging deployment of these new <br />technologies, if a city denies an application, it must do so in writing and <br />provide detailed reasonable findings that document the health, welfare, and <br />safety reasons for the denial. With the unique circumstances of each <br />community often raising concerns about sitings, cities may benefit from <br />proactively working with providers. <br />B. Modifications of existing telecommunication <br />structures <br />If a siting request proposes modifications to and/or collocations of wireless <br />transmission equipment on existing FCC -regulated towers or base stations, <br />then federal law further limits local municipal control. Specifically, federal <br />law requires cities to grant requests for modifications or collocation to <br />existing FCC -regulated structures when that modification would not <br />"substantially change" the physical dimensions of the tower or base station. <br />The FCC has established guidelines on what "substantially change the <br />physical dimensions" means and what constitutes a "wireless tower or base <br />station." <br />Once small cell equipment or antennas gets placed on that pole, then the pole <br />becomes a telecommunication structure subject to federal law and FCC <br />regulations. Accordingly, after allowing collocation once, the city then must <br />comply with the more restrictive federal laws that allow modifications to <br />these structures that do not substantially change the physical dimensions of <br />the pole, like having equipment from the other cell carriers. <br />Under this law, it appears cities cannot ask an applicant who is requesting <br />modification for documentation information other than how the modification <br />impacts the physical dimensions of the structure. Accordingly, <br />documentation illustrating the need for such wireless facilities or justifying <br />the business decision likely cannot be requested. Of course, as with the other <br />siting requests, state and local zoning authorities must take prompt action on <br />these siting applications for wireless facilities (60 -day shot clock rule). <br />Two wireless industry associations, the WIA (formerly known as the PCIA) <br />and CTIA, collaborated with the National League of Cities, the National <br />Association of Counties, and the National Association of <br />Telecommunications Officers and Advisors to: (1) develop a model <br />ordinance and application for reviewing eligible small cell/DAS facilities <br />requests under federal law; (2) discuss and distribute wireless siting best <br />practices; (3) create a checklist that local government officials can use to <br />help streamline the review process; and (4) hold webinars regarding the <br />application process. <br />League of Minnesota Cities Information Memo: 8/1/2017 <br />Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 10 <br />