Meeting The Challenges of Zoning in the Information Age: Planning For Wireless Communications Facilities

Chapter 7: Implications and Conclusions

Wireless communications is a fast-paced, constantly changing business. Because of this, it is important for local governments to act quickly in response to the changed communications industry following the Telecommunications Act of 1996. This project is a tool that, if utilized in coordination with sound planning practices, can aid your local community in responding to the increasing numbers of wireless providers seeking to locate facilities in your municipality. In addition to the model regulations proposed in this project, I recommend the following six items as a checklist of things to do as a local government to respond to the changing environment of wireless communication facilities.

The first step is understanding the Telecommunications Act of 1996, and its implications for local governments. It is important to know that while local governments have the authority to regulate the placement of wireless facilities in their communities, there are limits to that authority as described in Chapter 1. This does not mean, however, that wireless service providers are entitled to preferential treatment on zoning requests involving wireless communications facilities. Any regulatory framework that a community adopts in response to wireless facilities should deal with them, from a procedural standpoint, in the same manner they treat any request for a zoning variance or building permit. It is important to realize that while these wireless facilities are probably a use that many communities have not dealt with in the past, these facilities are able to be managed in a regulatory framework just as any other land use would be.

Also of note from the Telecommunications Act of 1996 is the issue of dispute resolution. If a wireless service provider feels that a local government has violated any of the conditions of Section 704 of the Act, the provider must take the locality to court, not the FCC. This is a much better alternative of dispute resolution than it may seem to be. State and Federal courts provide a more neutral arena than the FCC where the interests of the telecommunications industry have been shown to receive favorable treatment in the past (The FCC does, however, deal with issues of dispute based on emissions from the proposed facility).

The second step is to enact a temporary moratorium on any new wireless facility siting applications. A period of 90 days seems to be the norm for this type of municipal action, which should allow you time to complete steps 3 through 5.

The third step for meeting the wireless challenge is to review your existing ordinances. Check to see what language, if any, pertains to towers, antennas, or other wireless facilities. A local government may have ordinance language that is in violation of the Telecommunications Act of 1996 and not even know it. This review should also help you decide whether a zoning amendment or a stand-alone ordinance would be better for your community.

The fourth step is to get the public and local service providers involved in the development of your wireless planning process. An ordinance alone is not enough. While co-location of providers is encouraged in the model through incentives and height bonuses, a key to co-location is opening lines of communication among the participants. When Bloomington, Minnesota, started this process, "the providers all said We think co-location is just nifty. It saves us money and time. We'll allow anyone to co-locate with us. However, there is no way our competition will go along with it. They hate us.' But when you sit everyone down in the same room and they all say the same thing, it does not carry any water" (Feedback from Associate Planner Glen Markegard of Bloomington). Bloomington held several meetings with each of the providers present. After several meetings, they would gather in the hallways to talk. They learned who the others were and talked about the difficulties they were having and developed some trust.

Though the model requires co-location and offers incentives to co-locators in the form of height bonuses and time savings, co-located towers may just happen without requirements simply because providers open up good lines of communication. Opening up lines of communication is an important part of planning for wireless facilities.

Integrating the wireless industry and the citizenry of the community are important aspects of the wireless planning process. By involving these two groups early in the process, local government can develop strategies that foster a healthy competition in the wireless industry and ensure that community aesthetics and property values are preserved (National League of Cities, 1997). Consensus building activities such as Telecommunications Advisory Groups, Telecommunications Commissions, Task Forces, Community Education, and Wireless Industry Sponsored meetings can develop a relationship between the public, the wireless industry, and the local government, ensuring the development of the wireless infrastructure in a manner that can satisfy all three parties.

The fifth step for local governments is to develop a regulatory framework for dealing with wireless communications facilities. This is the heart of this project, developed in Chapter 5. The set of model regulations developed in this project has been carefully created, making sure to comply with the edicts set forth in the Telecommunications Act of 1996, while seeking to develop a balance between the needs of the wireless industry and the concerns of local governments. The merits of developing a regulatory framework are illustrated in Chapter 6, showing the definite advantages of having regulations in place, as evidenced by the buildout scenarios developed for Londonderry, NH, and Fishers, IN.

The sixth step is simply to keep the lines of communication open. By continuing to meet regularly with service providers and the public, the local government can keep pace with the changing technology that service providers will be wishing to employ in their communities.

It is essential that communities act quickly on the wireless front. The technologies are changing rapidly, construction of facilities is at an all-time peak, and if a municipality does not act now, it may be too late. This project can serve that need for quick action. The policies and regulations proposed in this document are designed to be easily modified and adapted into your local regulatory framework.