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<br /> many undervalue this asset or are convinced inability to locate in the PROW,perhaps even ASK THE AUTHORS
<br /> that charging less will gain them something or using a couple of sites instead of just one, L.S.(Rusty)Monroe is an owner of Monroe
<br /> prevent some negative effect. and still accommodate the need or goal of the Telecom Associates,LLC,and a co-owner of
<br /> In more than four decades assisting carrier and likely provide even better service. The Center for Municipal Solutions(CMS),
<br /> hundreds of communities,we do not recall Thus,there would be no"prohibition"of the both of which for 20 years have assisted local
<br /> a single instance when a community gained provision of service vis-A-vis federal law.Con- ggyernments in dealing with the regulation
<br /> something significant or prevented something versely,if the community does not want new of towers and wireless facilities.Collectively,
<br /> negative by charging a low rent.Rent for the facilities to be located in the PROW,the PROW they currently represent approximately goo
<br /> private commercial use of the PROW should can be placed further down in the list of siting communities in 38 states.Monroe has con-
<br /> be a set amount,which could be dependent priorities,perhaps even last. ducted workshops and seminars for more
<br /> upon location.On a related note,pay close than 30 local and national government or-
<br /> attention to the entire proposed lease agree- CONCLUSION ganizations on the regulation of towers and
<br /> ment.A number of issues may be buried there The rise in applications for wireless facilities wireless facilities,including multiple times for
<br /> to avoid scrutiny,and seldom is the language in public rights-of-way is a classic NIMBY situ- a number of them.Questions may be sent to
<br /> in the lessor's favor. ation,but in this case it's one that actually lmonroe8@nc.rr.com.
<br /> One example of this is the industry pref- has solutions.Often,communities can create
<br /> erence to slip in what seems a"reasonable" win-win situations without giving up rights or Jackie Hicks is the owner of Carolina Telecom-
<br /> requirement for a periodic rent escalator to be regulatory control.Permitting can be done so munications Services and has been a tower
<br /> a percent increase(e.g.,15 percent over the that carriers can get what they need technical- and wireless facilities consultant exclusively
<br /> initial rent every five years).If this every-five- ly,but with a minimum of public controversy to local governments for more than a decade.
<br /> year approach'is accepted for the common and with minimal visual intrusion and impact She has handled more than 1,000 applica-
<br /> 20-to 3o-year lease,the community(unknow- on property values. tions without a single.challenge to her recom-
<br /> ingly)may give up more than half the revenue The industry tries to get planning staff mendations to clients.Questions may be sent
<br /> it would otherwise have realized from the rent. and local officials to believe that if they have to hicl<sja@carolinatelecomservices.com.
<br /> Another example is the trap of tying the the type of regulations they really need and
<br /> initial rent to the"prevailing"rent paid in the should have,it will discourage and slow down Cover:David Morley
<br /> area.That sounds reasonable,but most leas- deployment by the industry.But history has
<br /> es,for both towers and antennas attached to shown this to not to be factually accurate.One
<br /> other structures,were signed for significantly need only compare the situation in communk Vol.33,No.1i
<br /> less rent than the landlord could have ob- ties that have strict regulations crafted with Zoning Practice is a monthly publication of the
<br /> tained,commonly as much as two-thirds less. an in-depth knowledge of the industry and the American Planning Association.Subscriptions
<br /> In such instances,if all the rents in the area law to the situation in communities with mink are available for$95(U.S.)and$120(foreign).
<br /> James M.Drinan,JD,Chief Executive Officer;
<br /> are based on the prevailing amount at the mal or even no regulation.Arguably,some of David Rouse,FAIcP,Managing Director of
<br /> time the first leases were signed,by definition the best wireless service in the nation is found Research and Advisory Services.Zoning Practice
<br /> that base amount never changes,not unlike in communities with strict regulations. (ISSN 1548-0135)is produced at APA.
<br /> Jim Schwab,FAicP,and David Morley,AicP,
<br /> with rent-controlled apartments. Officials,staff,and attorneys should Editors;Julie Von Bergen,Senior Editor.
<br /> never make assumptions,unless they know Missing and damaged print issues:Contact
<br /> When the State Prohibits Requiring the Use of for a fact that their assumptions are correct.. Customer Service,American Planning
<br /> the Community's Property We recommend that communities consult an Association,2o5 N.Michigan Ave.,Suite
<br /> Some states,such as North Carolina,prohibit expert(who has no ties with the industry)and 120Chicago,IL 6o6oi(312-431-9100 or
<br /> o,
<br /> customerservice@planning.org)within 90 days r
<br /> communities from requiring outright that their discuss with that person their objectives and of the publication date.Include the name ofthe
<br /> property be the number one location priority. the several options they have to achieve their publication,year,volume and issue number or
<br /> However,there are almost always multiple policy goals. month,and your name,mailing address,and
<br /> membership number if applicable.
<br /> owners ofthe PROW in a community(e.g., Remember,the industry largely sees
<br /> the municipality,the county,or the state). part of its job as being to avoid regulations Copyright 02o16 by the American Planning
<br /> Association,205 N.Michigan Ave.,Suite 1200,
<br /> Simply requiring that the PROW in general(not and is constantly looking for ways around—or Chicago,IL 60601-5927.The American Planning
<br /> just the ones owned by the community)are inherent legal problems with—regulations, Association also has offices at 103015th St.,NW,
<br /> deemed to be the number one priority should whether the regulations are federal,state,or Suite 7 planning50.West,Washington,DC 20005-1503;
<br /> org.
<br /> steer clear ofstate prohibitions against requir- local.That doesn't necessarily make them bad
<br /> Ing the use of"the community's"property.It actors,though.They're simply not charged All rights reserved.No part of this publication
<br /> may be reproduced or utilized in any form or by
<br /> then becomes a general land-use issue and is with protecting the public interest as are local any means,electronic or mechanical,including
<br /> not tied to the ownership ofthe land. officials. photocopying,recording,or by any information
<br /> storage and retrieval system,without permission
<br /> For a facility proposed to be located out- It's up to local officials to see that they in writing from the American Planning
<br /> side the PROW,but within a given distance of and their staff know,or have access to,an Association.
<br /> the PROW,a community could require"clear expert who knows how to assure that both the Printed on recycled paper,including 50-70%
<br /> and convincing"(technical)evidence ofthe public and the public interest are protected. recycled fiber and lo%postconsumer waste.
<br /> ZONINGPRACTICE 11.16
<br /> AMERICAN PLANNING ASSOCIATION page 7
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