Ordinance No. 20063 - Laserfiche WebLink

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FIl~D.TNGS IN SI~PPORT OF MGRATORIUM GN LAND USE AND BUILDING PERMITS FGR TELECOMMUNICATION FACILITIES GENERAL FINDINGS ~VEW APPLICATIQNSJ' 1. In February 1996, the Telecommunications Act of 1996 the "Act"} became law. The Act is designed to reduce regulatory barriers and encourage competition among all types of telecommunications providers. The Act, however, also expressly preserves local zoning authority over wireless telecommunications facilities, such as antennas and towers used for cellular or personal communication services ~"PCS "}. Among the provisions of the Act is Section 704, which added 47 U.S.C. ~ 332~c}~7}, entitled "Preservation of Local Zoning Authority. " Section 704 expressly allows local zoning regulations as long a5 they do not unreasonably discriminate among equivalent services and do not prohibit or have the effect of prohibiting service. Z. Over the past several years, even before the Act's passage and its removal of regulatory barriers, a host of new wireiess telecommunications technologies have been developed. Telecommunications services include paging service, cellular telephone service, and PCS . All of these wireiess technologies require, to varying degrees, either the construction of transmitting equipment placed on towers} or receiving equipment such as antennas}, or both. The growth of these services could result in a proliferation of new telecommunication towers and receivers throughout the City's landscape -- far more than exist under alder technologies such as radio telephone service and existing cellular and paging services. 3. According to recent articles in the Washington Post and The wall Street Journal, the number of cellular and PCS antennas, for example, could grow by more than six times -- from 1S,0o0 nationwide to 115,000 -- by the end of the decade. Several new PCS companies already have contacted the City to inquire about constructing towers in this area. In addition to the new PCS providers made possible by the Act, cellular providers also are likely to seek installation of more antennas and towers to expand their services. 4. The City is likely to eventually have as many as five or six PCS-type providers. PCS "cells" maybe .5 to 2 miles in diameter versus 3 -15 miles for conventional cellular. One major PCS venture has proposed for another city} one tower every two square miles. If each provider sited its facilities independently, six PCS-type providers could result in approximately 3 separate towers per square mile -- each So' to 150' tall. The size of Eugene exceeds 40 square miles, potentially resulting in more than loo towers. Testimony from the public hearing suggested that this number was calculated incorrectly. That testimony assert that correct calculations would produce a number of only 12.7 towers or sites er rovider. Even if this is true, the same testimony acknowledges that there may be six providers, resulting in more than 75 towers or sites. More importantly, the testimony ignored the basis for the calculation ~i.e., one tower every two square miles}, and assumed, instead, a "ce11" two miles in diameter. 5. It is technologically possible far cellular, PCS and specialized mobile radio EXHI@IT -1-