Can a state or local government deny a request to modify wireless equipment?

Under Section 6409 of the Spectrum Act, state and local governments are forbidden to deny requests to modify wireless equipment, so long as the modification does not “substantially change the physical dimensions” of the tower or facility.

How far away should a wireless communications facility be from a property?

Pittsfield, Massachusetts: Proposed Section: Wireless Communications Facilities PDF Carriers should provide notice to property owners within five hundred (500’) feet of the proposed Telecommunications Facility.

Where should cell base stations be located?

An analysis of 100 studies published in Environmental Reviews found approximately 80% showed biological effects near towers. “As a general guideline, cell base stations should not be located less than 1500 ft from the population, and at a height of about 150 ft” (Levitt 2010).

Can a zoning authority deny a location based on RF emissions?

Answer: Yes. The Telecommunications Act of 1996 specifically leaves in place the authority that local zoning authorities have over the placement of personal wireless facilities. It does prohibit the denial of facilities siting based on RF emissions if the licensee has complied with the FCC’s regulations concerning RF emissions.

Do wireless companies need to be approved by the FCC?

Answer: The FCC mandates that personal wireless companies build out their systems so that adequate service is provided to the public. In addition, all antenna structures used for communications must be approved by the FCC in accordance with Part 17 of the FCC Rules.

Can a Zoning Board deny a cell tower application?

Of course. There is a moderately wide range of legally valid basis upon which a local zoning board, planning board or town board may deny, and in fact, may be legally compelled to deny, an application for the installation of a Cell Tower.