TCA Based – Zoning Ordinance Review
We offer experienced local zoning ordinance review to assist local governments in vesting themselves with the maximum authority to control the placement of cell towers and other wireless facilities within their jurisdiction, to the greatest extent the United States Congress intended to preserve that power to them, under the Federal Telecommunications Act of 1996.
At the requests of local governments or their constituents, we perform in depth-analyses and reviews of local zoning code provisions pertaining to wireless facilities. We thereafter recommend modifications to achieve several objectives.
Specifically, we review local zoning ordinances to analyze, among other things:
- the extent to which the local ordinance maximizes the local government’s ability to exercise the powers which Congress explicitly preserved to state and local governments under Section 47 S.C.A. §332(c)(7)(A) of the Telecommunications Act of 1996 to regulate the placement, construction, and modification of personal wireless service facilities;
- the extent to which the local ordinance encompasses provisions that ensure the appropriate local boards and/or representatives will not violate the constraints of the Telecommunications Act of 1996, which are set forth within sections §332(c)(7)(B)(i)(I), §332(c)(7)(B)(i)(II), §332(c)(7)(B)(ii), §332(c)(7)(B)(iii) and §332(c)(7)(B)(iv) of the TCA, and which thereby minimize the risks of federal litigation to challenge any decision of the relevant local Board pertaining to an application seeking permission to install a wireless facility;
- the extent to which the local ordinance vests any relevant local Board with essential fact-finding functions, and sets evidentiary standards, which are critical for the local government to make decisions wherein it can actually assert control over the placement of wireless facilities, within the powers preserved to local governments under 47 U.S.C.A. 332(c)(7)(A) of the TCA; and
- the extent to which the local ordinance empowers the local government to protect its citizens against illegally excessive radiation levels emanating from Non-FCC compliant wireless facilities that are not registered with the FCC.
We then provide the local government with proposed changes to their code and offer training to local zoning officials on how to process zoning applications for wireless facilities consistent with the local zoning ordinance while simultaneously complying with the requirements of the TCA.