05-19-1997 Planning Packet - Laserfiche WebLink

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TO: FROM; DATE: Mayor and City Council Ron Moorse, City Administrator October 28, 1996 SUBJECT: Telecommunications Tower and Antenna Policy and Ordinance Background on Personal Communications Services (PCS) and the Need for a Municipal Telecommunications Policy and Ordinance The Federal Communications Commission has awarded two licenses for wireless digital personal communications services (PCS) for the north central region of the US including Minnesota. PCS digital communications services are expected to enhance and compete with current cellular analog phone services. PCS will enable individuals and businesses to use secure, accurate over the air paging, voice, FAX, video and data transmission with the advantage of a single phone number available at any location to which the transmission is sent. Receiving and transmitting the PCS signals will require an extensive infrastructure with many more sites required for PCS antennas, towers, and smaller repeaters to provide the flexibility and universality of service necessary for PCS to be fully operational in this area. Many more sites will be required for PCS equipment than the type and number of towers required for cellular communications. Because of this, cities need to be prepared to consider local land use, zoning, lease agreements and other site related considerations to enable them to respond to requests for PCS tower and antenna sites. Extent of Municipal Control The Federal Telecommunications Act originally included language that would have ovirridden municipal control over telecommunications towers. This language was removed shortly before passage of the Act. However, the Act does place three important limitations on local governments. 1.Cities may not "unreasonably discriminate among providers of functionally equivalent services." 2. Cities may not "prohibit or have the effect of prohibiting the provision of personal wireless services." 3.Cities may not regulate personal wireless services "on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the FCC’s regulations concerning such emissions." The key limitation in terms of limiting the city ’s control over telecommunications towers and antennas is the requirement that cities may not prohibit or have the effect of prohibiting the 1