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Item 3 - PH/Ord. on Cell Towers
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Item 3 - PH/Ord. on Cell Towers
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6/9/2010 12:42:10 PM
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11/17/2004 12:20:16 PM
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City_Council_Document_Type
Agenda Item Summary
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11/22/2004
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CELL TOWERS CELL TOWERS <br />Gzeat l~rdngtonPetsonal W'weless Service Facilities and Tmvers B~Lmv Services; b) tboy are not intended to bo used to um'ea~nably <br /> discriminate among providers of functionally equivalent Services; <br /> 171- 120.Purposes: c) they. do not regulate Personal Wireless Service~ on. tbe basis of <br /> Tho purposes of 'this Personal Wireless Service Facilities and the environmental effects of radio frequency emi:k~ions to the <br /> Towers Article are to:. ' extent that the regulated Services and Facilities comply with the <br /> A. Preserve the. character and appearance of the Town while FCC's regulations concerning such emissions. <br /> simultaneOusly allowing Adequate Personal Wireless Services <br /> to be developed. This language allOws the SPGA to demonstrate that. <br /> B. Protect the scenic, historic, environmental, and natural or man- they were cognizant of the federal las, and are <br /> made resources of the community, striving to comply with it. <br /> C. Provide standards and requirements for regulation, placement, <br /> construction, monitOring, design, modification and removal of Ill § 171-122, Defhlitions and word usage; <br /> Personal Wireless Service Facilities. As used in this Personal Wireless Service Faci_'!_iti__'es Article, the <br /> D. Provide a procedural basis'for ~ction within a reasonable following terms shall have the meanings indicated. The word <br /> period of time for requests for authorization to place, construCt, "shall'' or "will" indicate mandatory requiremems; "may" is <br /> operate or modify Personal Wireless Service Facilities. ' advisory and indicates recommendations which are not mmut~tory. <br /> E. Preserve property.values. ACT - The Telecommunications Act of 1996. <br /> P.-.-Minimize the total number and height of Towers throughout ADEQUATE COVERAGE - Coverage'is considered to be <br /> · the community. "adequate" within that area smTo!mdlo~.o a Base Station ~ <br /> G. Locat Towers so that they do not have negative impacts, such the predicted . or measured median field slre~th of <br /> az, but not limited: to, attractive nuisance, noise and falling transmitted signal is'greater than -95 dBm- It is acceptable for <br /> objects, on the general safety, ' welfare and quality of life of the there to be holes within the area of Adequa~ Covera~ whore <br /> · · the signal is less than -95 dBm, as long az tbo ~ re~ains <br /> II..Require owners of Towers and Personal Wireless Service strength to greater.than -95 dBm fiuthm' away fi.om tho <br /> Facilities to configure them so as t° minimize and mitigate the I Station. For the limited purpose of determining ~ the use <br /> adverse visual impact of the Towers and Facilities. : of a Repeater.is n~cessary or desirable, ~ shall be deemed <br /> L Require Tower sharing and the clustering of personal Wireless ~ not to be Adequate .Coverage within said holes. Th~ outer <br /> Service Facilities Where possible. ".~ boundary of the area of.Adequate Coverage, however, is that <br /> · A insof Wo% it your Io io. which tho of <br /> Special Permit Granting Authority (SPGA) what it '"~ greater than-95 dBm. <br /> is trying to accomplish, and gives it the reasons it ~t The te!elcommunications imtusto, was upset that the <br /> needs if' it is going to deny the permit. It also to~n defined its own signal strengtl~ ,Vuc. h a right <br /> addresses one of the Telecomm Act issues ~ timely has subseque~y been reserved to the towns and <br /> cons. ideration~ upheld in federal case law in Sprint 2~eco'um v. <br /> ~llo& It is VERY important that YOU defin~ the <br /> 171- 121. Consistency with l~ederai I~w: level of signal strength that is 'adequate. Th~ is an <br /> ~ regulations are intended to be consistent with'The .engineering detaiL'DO NOT l. b~l'l~ff, CAR~IFR,V <br /> Telecommunications Act of 1996 in that: a) they do not Prohibit or · DEFINE EITHER ADEQUATE COVERAGE OR <br /> have the?~rect~ of prohibiting the. provision of Personal Wireless i i~. .... ,4DF,~UATE CAPACITY! You ham the right t~ <br /> <br /> <br />
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