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Federal Guidelines for Local and State Government Authority over the Siting of Personal Wireless Service Facilities
Section
332(c)(7) of the Communications Act preserves state and local authority
over zoning and land use decisions for personal wireless service facilities,
but sets forth specific limitations on that authority. Specifically, a
state or local government may not unreasonably discriminate among providers
of functionally equivalent services, may not regulate in a manner that
prohibits or has the effect of prohibiting the provision of personal wireless
services, must act on applications within a reasonable period of time,
and must make any denial of an application in writing supported by substantial
evidence in a written record. The statute also preempts local decisions
premised directly or indirectly on the environmental effects of radio
frequency (RF) emissions, assuming that the provider is in compliance
with the Commission's RF rules.
Allegations that a state or local government has acted inconsistently
with Section
332(c)(7) are to be resolved exclusively by the courts (with the exception
of cases involving regulation based on the health effects of RF emissions,
which can be resolved by the courts or the Commission). Thus, other than
RF emissions cases, the Commission's role in Section
332(c)(7) issues is primarily one of information and facilitation.
| Moratoria |
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On August 5, 1998, the Commission's Local and State Government Advisory
Committee, the Cellular Telecommunications Industry Association (CTIA),
the Personal Communications Industry Association, and the American Mobile
Telecommunications Association entered into an agreement addressing issues
relating to moratoria on the siting of wireless telecommunications facilities.
This agreement sets out recommended guidelines for local governments and
carriers to follow in connection with moratoria, and it establishes a
non-binding alternative dispute resolution procedure that either carriers
or local governments may invoke. In addition, CTIA agreed to withdraw its
pending Petition for Declaratory Ruling seeking preemption of certain local moratoria.
On February 20, 1997, FCC Chairman Hundt sent letters to various communities concerning moratoria that the communities had allegedly adopted to the siting of telecommunications facilities. Copies of the Chairman's letters are available below.
| Arizona | Paradise Valley |
|---|
| California |
Buena
Park, Cerritos, El
Segundo, Healdsburg,
Hercules, Irwindale,
Lakewood, Palm
Desert, Pico Rivera,
Stockton, Thousand
Oaks |
|---|
| Connecticut | Hamden |
|---|
| Florida | Palm Beach Garden |
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| Massachusetts | Franklin,
Wellfleet |
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| Michigan | Farmington Hills,
Milford,
Romulus |
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| Minnesota | Buffalo,
Coon Rapids,
Dayton,
Hastings,
Little Canada,
Long Lake,
Mendota Heights,
New Hope,
Shoreview |
|---|
| Missouri | Maryland Heights,
St. Charles,
St. Louis |
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| Siting Correspondence |
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Last reviewed/updated on 6/29/2006.
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