Wireless Communications

Contents

• Reference Sources
• Documents
• Links

Reference Sources

• Municipal Wireless Networks - This series of qualitative research and analysis reports provide an overview of major issues impacting municipalities' pursuit of citywide broadband wireless networks. The objective is to help cities make better business operations decisions that result in networks which meets constituents' needs and expectations.
• FCC Wireless Facilities Siting Policies Fact Sheets. The Commission's Facility Siting Task Force has prepared two helpful Fact Sheets that detail many of the issues surrounding the siting of wireless telecommunications facilities.
  • Fact Sheet # 1 (4/23/96) (38KB) - Summarizes key provisions of Section 704, reprints the complete text of Section 704 of the 1996 Act, provides technical information concerning personal wireless services, and, answers frequently asked questions. Link updated 06-03.
  • Fact Sheet # 2 (9/17/96) (118KB) - New compilation of frequently asked questions and answers; summarizes the Commission's radiofrequency (RF) emission rules governing personal wireless services, adopted August 1, 1996, and sets forth the most relevant RF rules for personal wireless facilities siting purposes;provides revised information about those personal wireless services most likely to be submitting facilities siting requests during the upcoming year;contains maps showing the geographic areas used by the Commission to license cellular radiotelephone service and personal wireless services, and lists licensees for certain personal communications services. Link updated 06-03.
• Over the Air Reception Devices - In 1996, the Commission adopted the Over-the-Air Reception Devices Rule concerning governmental and nongovernmental restrictions on viewers' ability to receive video programming signals from direct broadcast satellites ("DBS"), multichannel multipoint distribution (wireless cable) providers ("MMDS"), and television broadcast stations ("TVBS"). The rule is cited as 47 C.F.R. Section 1.4000 . It prohibits restrictions that impair the installation, maintenance or use of antennas used to receive video programming. The rule applies to video antennas including direct-to- home satellite dishes that are less than one meter (39.37") in diameter (or of any size in Alaska), TV antennas, and wireless cable antennas. The rule prohibits most restrictions that: (1) unreasonably delay or prevent installation, maintenance or use; (2) unreasonably increase the cost of installation, maintenance or use; or (3) preclude reception of an acceptable quality signal. Effective January 22, 1999, the Commission amended the rule so that it also applies to rental property where the renter has an exclusive use area, such as a balcony or patio. On October 25, 2000, the Commission further amended the rule so that it also will apply to customer-end antennas that receive and transmit fixed wireless signals.
• Michigan Federal Court Decision on Wireless Antenna Siting Laurence Wolf Capital Trust Management v. City of Ferndale, dated 12/18/00, deals with typical issues in facility siting litigation: burden of proof on appeal, alternative locations for facility, and adequacy of the written findings of the local government decision denying the permit. Posted 2/01.
• Moratoria Guidelines - RCW 35.99.050 (section 5 of the legislation) refers to the "guidelines for facilities siting implementation." Those guidelines are fairly short, and not too onerous. They are posted on the FCC web site. Posted 11/00
• Omnipoint v. Newtown Township Decision - Federal 3rd Circuit cell tower decision recognizes the broad discretion of local zoning decisions. The case deals with an antenna permit denial that the company alleged caused a "significant gap" in service. The U.S. Supreme Court denied cert on 11/6/00. Posted 11/7/00.
• Wireless Facility Siting and Historic Preservation Consultation Guidelines for Section 106. - These new FCC guidelines are administered in Washington by the Office of Archaeology and Historic Preservation.
• National Environmental Policy Act (NEPA) Compliance
  All licensees (companies) erecting antenna facilities must comply with the federal NEPA regulations. If a licensee's proposed action falls within one of the eight categories listed in federal regulation 1.1307, section 1.1308(a) requires the licensee to consider the potential environmental effects from its construction of antenna facilities or structures, and disclose those effects in an environmental assessment (EA) which is filed with the FCC's Wireless Telecommunications Bureau for review. The categories that trigger the need for an EA include impacts on: endangered species; archaeological, cultural or historic properties; tribal lands; and floodplains.
  It is the responsibility of all companies erecting wireless facilities to comply with the federal regulations. Local government jurisdictions should assist by informing applicants of all known potential siting problems. Any required EA will also provide valuable information to local officials.

Documents

Ordinances/Policies

• Burien, WA Ordinance No. 385 (78 KB) amends BMC Section 19.10.027 and Ch. 19.50 to clarify personal wireless service facilities regulations and better reflect the concerns expressed by citizens and the city council, passed 03/17/03
• Marysville, WA Ordinance No. 2669 (428 KB) adds Ch. 5.73, Wireless Communication Facility Franchise Regulations, passed 10/23/06
• Medina, WA Wireless Communications Facilities Siting Policies. (Keep in mind that Medina is a relatively small suburban community. Similarly restrictive provisions may not be workable in cities with more varied topography.)
• Sammamish, WA Ordinance No. 2005-181 (98 KB) repeals and replaces Ch. 21A.55, wireless communication facilities, passed 6/21/05
• Snohomish County, WA Ordinance No. 05-038 (450 KB) adds and amends development regulations for personal wireless telecommunications services; adds Ch. 30.28A, development standards and siting process for personal wireless telecommunications services facilities
• Tukwila, WA Ordinance No. 2135 (3048 KB) adds Ch. 12.18, Wireless Communications Facilities, passed 10/13/06

Articles

• Historic Preservation and Communication Towers -- The Impact of New Regulations - This article (first issued 03-00) is authored by two attorneys of the Perkins Coie firm. It discusses the federal NEPA regulations as they relate to tower facility siting, particularly historic preservation. The article summarizes information that is separately available on this site through links to the federal agency materials. Posted 2/01.
• A Local Government Official's Guide to Transmitting Antenna RF Emission Safety: Rules, Procedures, and Practical Guidance (454KB) - This document, adopted by the FCC and the Local and State Government Advisory Committee on June 2, 2000, is written in a language approaching English and deals with the day-to-day issues faced by local governments dealing with tower siting radio frequency safety questions. Link updated 06-03.
• Maryland's Guidelines for Placement of Wireless Telecommunications Facilities within Controlled Access Right-of-Way. Posted 2/99
• Misconceptions About Regulating Towers and Wireless Facilities - From The Center for Municipal Solutions - Assertions, statements and beliefs that reflect common misconceptions related to the issue of regulating the siting of towers and wireless facilities, along with a synoptic discussion of each. The article gives a basic review of significant wireless facility issues that may be helpful to those new to facility siting issues. Posted 1/03.
• Questions & Answers on Planning for Personal Wireless Service Facilities - by Ted Kreines, Wireless Telecommunications Planning Constultant. This brief question and answer interview deals with some of the basic wireless planning and siting issues which local governments have to face when drafting wireless telecommunications ordinances. 5/98
• Standards for Telecommunications Antennas and Towers - This nine-page document contains model language for possible use in a city telecommunications ordinance. The document was prepared by Atlanta attorney, William H. Venema in connection with his work on a telecommunications rask force established by the Atlanta Regional Commission.
• Wireless Tower Siting: the Local Government Perspective (130 KB), by Jim Baller and Casey Lide - This detailed memorandum, by Jim Baller and Casey Lide of the Baller Herbst Law Group, presents the local government perspective on the siting of wireless facilities, and summarizes the leading decisions on tower siting that the courts have issued since the enactment of the federal Telecommunications Act of 1996. Article updated 07-03, posted here 7/03.

Links

• Camouflaging Telecommunications Towers - This site provides examples of regulations from several out-of-state cities dealing with placement and camouflaging of telecommunications antenna facilties. Maybe the wording will give you some ideas of how to improve your own regulations. Posted here 2/01.
• Cell Phones - How They Work - Here's a Web site that will answer all your basic questions about cell phone technology, with links to addditional sites. The information should help you understand the terminology and abbreviations that commonly occur in articles discussing cell phone technology and deployment issues. Posted 3/01.
• Center for Municipal Solutions - This is a private web site run by a municipal telecom consultant firm. Their section on wireless antenna siting provides good information and perspective. Link added 10/02.
• Federal Wireless Telecommunications Bureau - This web site provides links to the regulations, to frequently asked questions, and to additional resources that can assist you in understanding NEPA compliance issues.
• FCC Wireless Telecommunications Bureau's Web page, Wireless Facilities Siting Issues - A helpful overview of wireless facility siting issues. This page contains links to the relevant FCC Fact Sheets, the relevant regulatory documents, and numerous other resources.
• MuniWireless - This site is devoted to municipal wireless broadband projects worldwide that are funded or supported by cities and towns. These range from downtown hotzones to city-wide wireless broadband networks.
• Scenic America - Looking for some well written materials to help educate your local officials and staff regarding wireless antenna issues? Scenic America, a national nonprofit organization located in D.C., has several short publications that might be useful. I recommend their latest 20 page publication titled "Taming Wireless Telecommunications Towers" [order through their web site]. Posted 6/01.