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BOOK 99 PAGE 81 I A Newsletter Reporting to Local Government about the Increasing Rate of Wireless Antenna Permit Applications Vol. 1, No. 9 Wireless Update November 1996 MARC Selects Kreines & Kreines for Wireless Atlantic provides to all its subscribers. (To Wireless Guidance Package for the Kansas City Region Update's thinking, this means that a cell site is a part of a regional infrastructure rather than a local land use.) As a The Mid-America Regional Council (MARC) has selected Kreines & Kreines, Inc. to prepare a Wireless Guidance Package. The Wireless Guidance Package may become the first step of a Wireless Master Plan for the 114 cities and 8 counties that are members of MARC. MARC is an innovative Council of Governments. Kansas City is also the headquarters of one of the largest PCS licensees to date (Sprint PCS has 32 licenses plus the APC license in Baltimore - Washington, DC). "Although we've just started," says Ted Kreines, AICP, "I expect the highest quality effort from MARC, its 122 local governments and the private sector. They are highly motivated and we believe this will be a model for the nation." More about this project will be in future Wireless Update issues. Cell Sites are Neither Utilities nor Essential Services: Pennsylvania Appeals Court Denies Bell Atlantic Mobile Systems Claim Bell Atlantic Mobile Systems, Inc. was denied a permit by the Borough of Baldwin, Pennsylvania to construct a 150 -foot cellular communications tower in a residential neighborhood. Under Baldwins zoning ordinance, uses permitted by right in the residential district include "essential services," among which are the construction and maintenance of communication systems by public utilities. Bell Atlantic's lawsuit was rejected by the trial court because the court determined that Bell Atlantic was not a public utility under the zoning ordinance. Bell Atlantic appealed, arguing that the trial court improperly determined it was not a public utility. Bell Atlantic also stated that the appeals court should reverse the borough council's decision because the council did not identify a legitimate reason for denying the application. The appeals court affirmed the trial court decision in favor of Baldwin, but for a different reason. The court stated that even if Bell Atlantic was a public utility under the zoning ordinance, the proposed tower was not a permitted use. Under Baldwins zoning ordinance, uses permitted by right must relate to the connection of the residences in the district to public utilities. Not all construction of public utilities is permitted by right in the district. The record shows that Bell Atlantic's tower was to be constructed not just to provide the residences within the district access to a public utility, but also to improve and expand the cellular communication services Bell result, the Baldwin Borough Council identified a legitimate reason for denying Bell Atlantic's application. A copy of this decision is available from Kreines & Kreines, Inc. for the cost of copying, shipping & handling. Call us for more information. Caution: RFR Research Is No Longer Dangerous to your Health (Because CTIA May No Longer Fund It) RCR (a leading industry journal) reports that the $25 million industry -funded research program on potential cancer risks from pocket telephones being conducted by Wireless Technology Research LLC (WTR) may be in _ jeopardy. The research may be halted due to a dispute between WTR and the Cellular Telecommunications Industry Association (CTIA). The scientists conducting the research want the wireless carriers and manufacturers to indemnify scientists named in pending lawsuits. These lawsuits involve health-related claims, potential industry cover-up of health risks from cellular phones and privacy of cellular billing and medical records for the WTR study. The 1994 objectives of the WTR study included comprehensive research for dosimetry, epidemiology, toxicology and animal radiofrequency (RF) exposure studies. Cities and counties should note that the Telecommunications Act of 1996 sets guidelines that supersede any local government's standards for regulating personal wireless facilities on the basis of RF emissions. When personal wireless facilities comply with the Federal Communications Commission (FCC) RF guidelines, cities and counties cannot impose their own (looser or stricter) RFR standards. Copies of the FCC guidelines are available from Kreines & Kreines, Inc. for the cost of copying, postage and handling. Co -location v. Collocation A Wireless Update reader has pointed out that the dictionary uses the spelling "collocation." Wireless Update prefers and plans to continue using the spelling "co - location" because the dictionary spelling doesn't convey the mean of "co" (together) and "location" (place). If enough readers let us know they prefer collocation, Wireless Update will reconsider. Wireless Update salutes Erik Amundson of Sprint PCS, Seattle, and also notes that Doug Athas, manager of PCS PrimeCo in the Dallas area insists on proper spelling. Published by Kreines & Kreines, Inc., Consultants to Cities & Counties on Wheless Planning 58 Paseo Mirasol, Tiburon, CA 94920 phone: (415) 435-9214, fax: (415) 435-1522, e-mail. wireless.update@worldnetatt net 8 NOVEMBER 13, 1996 _I