09/12/2006 (9) - Laserfiche WebLink

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County Attorney Collins explained the provisions of the Telecommunications Act of 1996, which sets the National Policy regarding wireless telecommunications siting. He cited provisions of the Act, which states, in part, “No State or Local Government may regulate personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.” Therefore, the Board could not regulate placement of the tower based on the effect of radio frequency radiation, he opined. Commissioner Lowther asked if the Board could decide not to have the tower at that location. Attorney Collins pointed out that based on staff’s recommendation there was no indication that the applicant did not meet all the criteria and in that instance it has to be approved. Discussion ensued regarding regulations and FCC standards, safety factors from aerial spraying if the tower was placed in an agricultural area, and cell phone radiation versus radio frequency radiation. FatherRichard LaCorte , Assistant Pastor, St. John of the Cross Catholic Church, did not question the legality of the issue but because there was no hard evidence, he felt presumption has to be in favor of no knowledge. He asked to be corrected in his assumption that there is nothing to prevent other devices from being attached to the tower (thereby increasing the amount of radiation, which would be even more serious) in the future because the contract is an open ended one. Director Boling replied that the assumption was correct. He stated that the County’s regulations in the wireless master plan encourage and require multiple users to limit the number of towers and this tower could have three (3) wireless providers on it. September 12, 2006 14