New FCC Rules Will Require New Approach to Siting of Wireless Facilities

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The Fight Over Wireless Siting Heats Up . . . And Moves Into the Halls of the FCCThe FCC adopted new rules at its Oct. 17 meeting that are likely to require changes in the way local governments respond to applications for siting wireless towers, and for adding antennas to, and modifying, existing structures. The rules could necessitate an immediate review and revision of wireless siting ordinances in many communities, and have important implications for the way states and localities deal with siting of wireless facilities in historic districts and environmentally sensitive areas. The change in the rules may also affect the approach of public agencies, schools, special districts and local governments to leasing of their own property

On Nov. 5, BB&K telecommunications attorneys and their co-sponsor, the American Planning Association, provided a webinar with an overview of the new rules, the timetable for responding to them, and the challenges and opportunities facing public bodies as they attempt to protect local interests, while complying with federal requirements governing zoning of wireless facilities.

The webinar covered:

  • The FCC’s new rules, which are expected to affect both the substance and the process associated with wireless siting.
  • The effect of the new rules on contracts for use of publicly owned property.
  • The legal issues raised by the rules and what local governments need to do if they wish to challenge, or obtain clarification of, the rules.
  • Ways local governments can respond to the rules that provide the maximum protection to the public.

To view the webinar, click here.

 

 

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