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191 CEIL TOWERS C~-~ J. TOWERS 192 and fewer lawsuits by the industry (if applications are denied)' or by irate Moratoriums citizens (if siting deCisions are poor ones.) r-- A 'note of caution, however, is warranted. Do not invite the If the town needs time to study the issuc, 8oin8 into a moratorium T industry in' on early planning efforts in the name -of listening to all period is thc wisest thing to do. During thc pre--dztmmined time-pesiod, no ~ "stakobolders." Be wary when they "want to help thc town." They are applications can be accepted, therefore no legal obligation exists to act n skilled at co-opting the local process and you may find yourself pulled them. A moratorium is espeCially helpful before applications come in. It mOre toward accommodating their needs than your own. Such co-optation will give the town breathing room to do a proactive job of crew_ ti%a good can be subtle. It often seems friendly. They want to help you "avoid law zoning regulations. Ifa town is not in a legal moratorium, any applications mits" t which can be a veiled threat. Inviting them to thc planning table for teleCOm sites will apply to whatever regulations are in lJlace at tho will also provide an. early window into town dynamics and give them an time. Telecom providers have been known to flood some towns with edge later on. applications just before the start of a moratorium in order to'avoid sh-lcter Another note of caution: most telecommunications cngince~ng regulatiOns. fu'ms work 'for thc industry and so .would have a conflict of interest in The FCC has set out voluntary moratorium guidelines for · working for a community. But there are competent indcpend, ent engineers communities? In. general, moratoriums cannot bo used as smokcScrzens who can provide what'the town needs. This is where networkin8 with for obstruction. They cannot be indcfinite,s They must bo good-faith other towns is especially helpful: You may be. able .to find out the names efforts to 8ct one's regulatory house in order. Many communities begin of one or more engineers from other town boards. If not, try local with a three-month t_ime frame and extend it to six months, if neces,saO,. universities with engineering departments. The EMR Network also ~ Thosc areconsideredreasonableperiods. reconuneZds indcl~ndent engineers to municipalities? Ask for references Any applications that are pendi_ng before the moratorium must be from other towns thc individual has worked for. When you contact those . t heard in a timely manner. The moratorium will not apply.to them. references, you will have found a g01d mine of information- not just A mOratorium is a legal entity. It must bo enacted by the about the engineer you are thinking about hiring, but also about the : appropriate authority in your town. Moratorimn language should be process th other town went throush, the lcssons they learned, and thc ~ preCise and include a statement that the purpose of tho moratofimn is to pitfalls they encountered. ~ develop appropriate regulations to control the placemen~ construction, and The other important expert you will need is a lawyer who is t, modification of personal wireless service facilities, in accordance with thc familiar with the recent telecommunications case laTM. In 1996 when the , TeleCOmmunications Act of 1996, and applicable state and local laws. The Telecom Act was passed, very little such case law existed' regarding where , time-period must be sPeCified. Extensions should bo VOted on again. this technology intersects with the rights of local governance. Today, that ., Once a moratorium is in place, the communiW must work quickly case law is accumulating. Many important deCisions in federal courts back ~ on the bylaws you will be drafting. local decision*making powers. The town's mUnicipal attorney may not be familiar with the implications of these decisions, often, the municipal How l)o You Start?. . attorney de. fin s his or her mandate as avoiding lawsuits for the town and ~ may advise the path of least resistance. But, this not the best course of " It helps to define your goals up front: a~tion with this particular issue. Towns need not roll over for the telecom ~ industry. · la What are we trying to accomplish? · la Is our goal to place facilities in specific locations? ~.S~~~-~&Fforwebsites. *-"-'~ 6Afed~lleouttuphe, ldo~eommuaity'$sighltotwo, lm~4o.l~six, .... ~