Planning for Wireless Telecommunications

Facilities

Ready or Not, Here they Come!

Jack Butler, Comprehensive Planner, Chatham County-Savannah MPC

Anthony Lepore, Director Regulatory Affairs

Susan Rabold, Project/Planning Manager

Pre-Ordinance Pre-Ordinance FacilitiesFacilities

Prior to 2007, facilities were installed purely to need and economic necessity.

Design elements were rarely, if ever, considered.

Post-Ordinance Post-Ordinance FacilitiesFacilities

After 2007, with our “hierarchy of design” criteria, towers became far

less obtrusive.

What We Don’t WantWhat We Don’t Want

Sometimes, even the best designs can fail. As reviewers, our job is to

help ensure that the impact of towers is

reduced and the risks are minimized.

CityScape Consultants, Inc.• Company started in Florida in 1997

• Offices in Florida, North Carolina and Washington DC

• Exclusive government clientele • Company goals & objectives consistent with the

Telecommunications Act of 1996

• Unbiased information to local governments

• Assists local government with o Wireless Master Planningo Site Application Engineering review o Ordinance reviewo Leasing and Development of Public Land

www.CityScapeGov.com

Legal Background for Wireless Planning

Considerations

Anthony Lepore, Director Regulatory Affairs

• 47 USC §332(c)(7) (a/k/a Section 704 of the Telecommunications Act of 1996)

• “Preserves” local zoning authority BUT;

• Requires local government to regulate in a manner that does not:

o“unreasonably discriminate among providers of functionally equivalent services; and;

oprohibit or have the effect of prohibiting the provision of personal wireless services.”

• Requires you to make written decisions on siting applications that are based on “substantial evidence” and not on speculation or because of federally preempted reasons (such as concerns about RF Radiation.)

Federal Legislation Section 704

• Requirements for tower lighting and markings are exclusively regulated by the FAA/FCC

• Local government may be able to require dual lighting systems and can require support structures to be lighted as long as they comply with FAA codes.

What Cannot Be Regulated

Radio Frequency Emissions are exclusively regulated by federal standards.

• Ionizing radiation • Non-ionizing radiation• World Health Organization and American

Cancer Society Findings• RF exposure is so low that human and animal health is

not affected

What Cannot Be Regulated

FCC “Shot Clock”• 2009 Declaratory Ruling by FCC

• Requires local government to make decisions on wireless applications within a specific time frame

• 90 days for co-location applications

• 150 days for new structures/towers

NOTE: Some states have shorter timelines in state legislation that may take precedence

“Shot Clock” Challenge

• San Antonio and Arlington TX challenged FCC’s authority to impose shot clock timelines on local government

• US Supreme Court decided in June 2013 that the FCC had the authority to impose shot clock timelines on local governments (applicable where states have not imposed their own timelines).

Section 6409• Congress included a small paragraph in the Middle Class Tax Relief and

Job Creation Act of 2012:

• (1) IN GENERAL. Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station.

• (2) ELIGIBLE FACILITIES REQUEST. For purposes of this subsection, the term ‘‘eligible facilities request’’ means any request for modification of an existing wireless tower or base station that involves —(A) collocation of new transmission equipment;(B) removal of transmission equipment; or(C) replacement of transmission equipment.

Section 6409

• (3) APPLICABILITY OF ENVIRONMENTAL LAWS. Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act or the National Environmental Policy Act of 1969.

• Congress said it only applied to co-location, removal or replacement of existing facilities that did not “substantially change” the physical dimensions of existing structure;

• Congress did not define “substantially change.”

FCC FCC ““GuidanceGuidance””

• FCC’s Wireless Telecommunications Bureau issued “informal guidance” on Section 6409 on January 25, 2013

• Adopts a prior FCC definition of “substantial change” as what it thinks Congress intended to define

• Acknowledges that local government can still require applications, but must approve requests that meet criteria of Section 6409

FCC “Guidance” Substantial Change

Defines “Substantial Change” as:

1) Addition of antenna on a tower that would increase its height by more than 10% or 20 vertical feet; or

2) Addition of antenna that required installation of more than standard number of equipment cabinets (not to exceed 4), or more than 1 new equipment shelter; or

3) Addition of antenna that would increase the girth (width) of the tower by more than 20 feet; or

4) Addition of the antenna would involve excavating around the tower site beyond the existing boundaries of the property associated with the facility.

FCC “Guidance” Shot Clock

• Reaffirms time limit to act on application invoking Section 6409 to be 90 days, consistent with “Shot Clock” Declaratory Ruling for collocation applications.

Existing Georgia Law GA §36-66B provides for “streamlined” processing of collocation applications that meet defined standards:

(1) The proposed collocation shall not increase the overall height or width of the wireless support structure to which the wireless facilities are to be attached;

(2) The proposed collocation shall not increase the dimensions of the equipment compound approved by the local governing authority;

(3) The proposed collocation shall comply with applicable conditions of approval, if any, applied to the initial wireless facilities and wireless support structure, as well as any subsequently adopted amendments to such conditions of approval; and

(4) The proposed collocation shall not exceed the applicable weight limits for the wireless support structure, as demonstrated by a letter from a structural engineer licensed to practice in this state.

Existing Georgia Law• Applications eligible under this section that are

submitted must be reviewed within 30 days and local government must notify applicant if incomplete.

• Applications eligible under this section must be adjudicated within 90 days after complete and a written decision rendered to applicant.

• You cannot require applicant to provide RF analyses or other documents to demonstrate proposed service characteristics.

• You can require applicant to certify proposal will not interfere with public safety communications.

Proposed BILD Act• Introduced into 2013 Legislative Session, but did

not advance to a vote, will be re-introduced in 2014 session of Legislature.

• Proposed amendments to Section 36-66B:

• Changes to definition of facilities eligible for streamlined processing under 36-66B to “modifications” of existing facilities and new collocations.

• Restricts local governments to requesting only the information and fees provided for in its existing regulations, rules and forms.

Proposed BILD Act• Prohibits local government, in connection with applications for

new facilities, from:

• Placing conditions on approval of application inconsistent with state law;

• Evaluating applications based solely on the availability of alternate sites;

• Require the removal of existing facilities as a condition of approval of new facility;

• Impose restrictions regarding airspace that are in excess of FAA regulations;

• Impose bond or surety requirements for potential future abandonment of structures, unless similar requirements exist for other types of development.

Proposed BILD Act• Prohibits local government from requiring applicant for a

new facility to collocate on existing structure as an alternative;

• Requires a decision to be rendered within 150 days of a complete application, or deemed approved.

• Restricts local government from charging applicant any fee that is “greater than the reasonably approximate cost incurred…”or in excess of fees for similar activities involving other land uses.

• Restricts local government from recovering consultant fees that are “in excess of reasonably approximate costs incurred…” or that are based on a “contingency or similar fee.”

September 2013 FCC Notice of Proposed

Rulemaking• FCC released a Notice of Proposed Rulemaking on September 26,

2013 – captioned as “Removing Barriers to Wireless Infrastructure.”

• Proposes virtually no regulation of DAS and microcell facilities by federal and local government;

• Proposes streamlining permitting approvals for temporary towers;

• Proposes adopting the “informal guidance” definitions as law for defining collocations that are not a “substantial change”

• Proposes various scenarios for what happens if local government fails to act within “shot clock” timeline, including a “deemed permitted” conclusion.

**LOCAL GOVERNMENTS SHOULD REVIEW AND FILE COMMENTS.

Updating and Integrating Ordinance

with Master PlanBecause of complexity and fluidity of federal regulation,

updating your existing regulations in conjunction with Master Plan ensures

•You are best prepared for wireless siting applications going forward

•You have defensible positions if challenged by an applicant over a siting decision

The pro-active approach to manage your communities long range goals and objectives for wireless telecommunications. CityScape will develop this Master Plan detailing all current infrastructure while developing a realistic future evolution blueprint that will allow communities to control the growth

while maintaining the aesthetics of the community.

It will:

• Reduce future wireless siting controversies

• Address public concerns over towers on every corner

• Simplify the wireless providers network deployment enabling technology of wireless services to citizens in your community in an expedient and efficient manner

• Ensure compliance with State and Federal legislation required of local government

• Create a new method for new community revenues

What is a Wireless Master Plan

• Thorough preliminary research of existing antenna locations for assessments

• Background research with a community kick off

meeting

• Inventory catalog and propagation mapping of all

sites

• Public hearings/workshop(s)

• Ordinance review and amendment

recommendations

• Final Wireless Master Plan

**Each Master Plan is done in stages and customized for each community

How to do a Wireless Master Plan

Engineering Working with Variables

• Antenna Location

• Topography & Climate

• Population Trends

• Transportation Networks

• Location of Subscriber Base

• Land Use Policies

• Future Network Requirements

Included in a Wireless Master Plan

Tower Location & Population Analysis

No Coverage

Outside Coverage

Propagation High

Frequency MHz

In-building Coverage

(all variables)

Town-owned Properties

• 18 Town-owned lands identified as potential fill-in sites

• Criteria for study: Location relative to projected gaps in coverage

• Size of property

Summary and 10-Year

Projections

Existing Antenna Locations• 8 within the Town• 14 within 1-mile of Town

10-Year Projection• 18 Potential Town-owned land

locations• 14 Potential Utility Easement

options• 8 Other projected locations

Manage the aesthetics of your Community

Light Light StanchionStanchion

Bell Tower *Bell Tower *Flag PoleFlag PoleClock Tower Clock Tower *StealthConcealment.com

Faux TreeFaux Tree

Antenna Antenna Attachments Attachments

in Utility in Utility Easement/Easement/R-O-W R-O-W

Concealed Attached Concealed Attached Antenna Antenna

Many more options to fit your needs

Manage the aesthetics of your Community

Inventory

Questions?