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<br />... <br /> <br />Zoning Bulletin <br /> <br />SPECIAL REPORT <br /> <br />REGULATING TOWERS AFTER <br />THE TELECOMMUNICATIONS <br />ACT OF 1996 <br /> <br />by Jonathan Cohen, Esq. <br /> <br />Buried deep within the massive federal Telecommunications Act of <br />1996, a set of provisions may have escaped public notice but has had a <br />significant impact on the work of local zoning and land-use officials. <br />The provisions, which apply to federal, state and local governments, <br />concern regulation of personal wireless services facilities - primarily <br />cellular and other communications towers. The law prohibits local <br />governments from: <br />· discriminating unreasonably among service providers; . <br />· directly or indirectly prohibiting personal wireless services; and <br />· regulating facilities based on the environmental effects of radio <br />frequency emissions, if the facilities comply with FCC regulations. <br />In addition, the Act states decisions must be based on substantial <br />evidence and made within a reasonable timeframe. Parties can sue in state <br />or federal court or appeal to the FCC if the case concerns the health effects <br />of radio emissions. <br />Thousand and thousands of towers <br />By one estimate, 100,000 new towers will be built over the next several <br /> <br />Publisher: E. Michael Quinlan, Esq. Managing Editor: Stephanie Federico <br />Legal Editors: Carol Johnson Perkins, Esq., Michael R. Jung, Esq., Joanne L. Belasco, Esq. <br />Editors: Elin Dugan, Jennifer Kavanaugh <br />The entire content of this supplement is copyrighted by the publisher and may not be copied without prior permission. Contact Copyright Clearance <br />Center (508) 750-8400 for permission to photocopy for internal use. Contact publisher tor other reprint requests. The publisher is not engaged in <br />rendering legal or other professional advice, and assumes no responsibiUty for the statements and opinions of the writers or contributing ednors. Case <br />law and staIules change without notice from time to time and are often specific to one jurisdiction only. The rnonnation herein is not intended to be. nor <br />should It be considered, a substitute for legal or professional advice rendered by a competent attorney or other professional. If you have any questions <br />about the application of issues raised herein to your particular situation, seek the advice of a competent attorney or other professional. <br /> <br />This bulletin is available on microfilm from University Microfilms Intemational, Am Attlor. MI <br /> <br />Published by Quinlan <br /> <br />-. :l'I:'.J:i:II~fClII'I"-I:l.l"~". <br /> <br />Zoning Bulletin ISSN 0514-7905 <br />23 Drydock Ave., Boston, MA 02210-2387 <br />(617) 542-0048 Copyright @ 1997 <br />E-mail: info@quinlan.com http://www.quinlan.com <br />56Ozos75 <br /> <br />'03 <br />