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RELEVANT LINKS: <br />Minn. Stat. § 237.163, Subd. <br />2(d). Chapter 94, Art. 9, <br />2017 Regular Session. <br />III. Moratoriums <br />The cellular industry often challenges moratoriums used to stall placement <br />of cell towers, as well as small cell/DAS technology, until cities can address <br />regulation of these structures. Generally, these providers argue that these <br />moratoriums do one of the following: <br />Prohibit or have the effect of prohibiting the provision of personal <br />wireless services. <br />Violate federal law by failing to act on an application within a reasonable <br />time. <br />State law now prohibits moratoriums with respect to: (1) filing, receiving, or <br />processing applications for right-of-way or small wireless facility permits; or <br />(2) issuing or approving right-of-way or small wireless facility permits. For <br />cities that did not have an ordinance enabling it to manage its right-of-way <br />on or before May 18, 2017, the prohibition on moratoria does not take effect <br />until January 1, 2018, giving those cities an opportunity to enact an <br />ordinance regulating its public rights-of-way. <br />IV. Conclusion <br />With the greater use of calls and data associated with mobile technology, <br />cities likely will see more new cell towers, as well as small cell <br />technology/DAS requests. Consequently, it would make sense to proactively <br />review city regulations to ensure consistency with federal and state law, <br />while still retaining control over the deployment of structures and the use of <br />rights of way. <br />League of Minnesota Cities Information Memo: 8/1/2017 <br />Cell Towers, Small Cell Technologies & Distributed Antenna Systems Page 11 <br />