Georgia County Government - December 2008 - (Page 27)

Feature Cell Towers and Local Governments: Addressing Issues and Myths The TCA and Self-Regulation The federal Telecommunications Act of 1996 (TCA) recognizes that each community has its own needs and concerns, and thus places few restrictions on local governments’ ability to control the placement of cell towers. Regulating the placement of cell towers is largely left to local governing bodies. The TCA expressly says: “Nothing in this [law] shall limit or affect the authority of a state or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities.” While respecting local autonomy, the TCA also recognizes the public interest in developing wireless communication facilities and sets certain limitations. Under the TCA, local officials may not: • Unreasonably discriminate among providers of functionally equivalent services; • Take actions that prohibit or have the effect of prohibiting the provision of personal wireless services; • Delay acting on any request for authorization to place, construct, or modify personal wireless service facilities; or • Regulate the placement, construction or modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Federal Communications Commission’s regulations concerning such emissions. Additionally, if a local government wishes to deny a request for the placement of a cell tower, the denial must be in writing and must be supported by substantial evidence contained in a written record. Federal and local regulation notwithstanding, the wireless carriers effectively self-regulate by limiting the construction of new towers through collocation. Collocation is when one service provider places their equipment on another’s existing cell tower thereby eliminating the need to build a second tower in the same location. Collocation is faster and less expensive than new tower construction and usually does not require local regulation. Whenever possible, service providers will seek this solution, even if local regulations do not require the carriers to evaluate collocation opportunities. By Lynn Carlson, Executive Director – Network Verizon Wireless, Georgia/ Alabama Region “W e want the service, but we don’t want the cell towers!” said the county commissioner facing the decision to vote for or against a proposed cell tower in her county. While most communities welcome improved wireless communications service, this general thought may run through the minds of some county commissioners, local officials and citizens when wireless service providers come calling, looking for permission to build the infrastructure necessary to operate the latest wireless communication and e-mail devices. However, as anyone in such a position knows, striking a balance between the community’s need for the best technology available and concerns about the infrastructure required to provide such technology can be a challenge. Obviously, for a community to have reliable wireless technology, it must have the required, dedicated infrastructure to house the needed equipment. In the case of cell phones, data transmissions, Wi-Fi and certain emergency transmissions, that infrastructure is cell towers. The telecommunications industry operates on the basis of laws that regulate the placement of such infrastructure and wireless companies are required to follow those laws closely. Balancing Aesthetics and Safety Even with collocation, the continued growth in the demand for wireless technology often requires new towers to support the community. When that happens, even with the existing federal regulations and self-regulation by wireless carriers, some local governments work to pass additional ordinances to regulate the placement, construction, and modification of personal wireless service facilities. The wireless industry in most cases welcomes thoughtful and well-designed ordinances that ref lect due consideration for all of the needs of the community. Without that community partnership, the industry wouldn’t exist. However, local governments must be careful to strike a balance between the safety and communication needs of the community’s citizens and concerns relating to the visual impact of infrastructure. At Verizon Wireless we work with local government staff and officials daily across the country to develop and execute win-win solutions that meet communities’ requirements and meet the ultimate goal of providing the service that everyone wants and needs. We’ve seen first hand that wireless communications are critical for local communities (both for the citizen and the emergency response teams) during emergencies. The company operates CELL TOWERS continued on page 28 DECEMBER 2008 www.accg.org 27 http://www.accg.org

Table of Contents Feed for the Digital Edition of Georgia County Government - December 2008

Georgia County Government - December 2008 Contents President's Message County Matters 2009 Legislative Forecast: ACCG's Platform for the Coming Legislative Session ACCG Policy Staff 2008 Legislative Awards Honor Georgia Lawmakers Cell Towers and Local Governments Oglethorpe Power Plans Biomass Electric Facilities Georgia's Grand Old Courthouses: Dawson County Extension News: Biofuels Development Research Corner: Implementing a Record Retention Policy County Parade Index of Advertisers/Advertiser.com

Georgia County Government - December 2008

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