The FCCs Telecommunications Act of 1996 (TCA) Section 704
prevents local governments from effectively regulating the
placement of wireless communications facilities on the basis
of potential or known environmental or health effects of
radiofrequency radiation. The FCC issued a recent ruling
(11/18/09) on antenna siting. They found: “In the event a
State or local government fails to act within the
appropriate time period, the applicant is entitled to bring
an action in court under Section 332(c)(7)(B) (v) of the
Communications Act, and the court will determine whether the
delay was in fact unreasonable under all the circumstances
of the case. We conclude that the record supports setting
the following timeframes: (1) 90 days for the review of
collocation applications; and (2) 150 days for the review of
siting applications other than collocations.
This means that once an antenna application has been filed
the wireless company can sue the state or local government
if they have not either approved or denied the application
within 150 days. This new ruling will force much faster
action on cell tower siting than there has been in the past.
Montgomery County, MD filed comments to the FCC against this
new ruling, as did many local governments. Our current
President Obama also filed comments against this while he
was still a Senator from Illinois. The CTIA petition to the
FCC asked that an antenna application be considered passed
if it was not denied within 45 days so the FCC did not give
in completely to their shot clock request.
Roseville, California
Cambodia, Phnom Penh
Canada, Ottawa, Ontario
Italy, Rome
Equatorial Guinea, Malabo
Guinea-Bissau, Bissau
Slovakia, Bratislava
Australia, Canberra
Haiti, Port-au-Prince,
The Netherlands, Amsterdam
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