Morrisville Wireless Telecommunication Facilities Master Plan - 2013

Wireless Telecommunication Facilities Master Plan - Town of Morrisville, NC – Adopted July 23, 2013

Fourth, local government cannot deny an application for a new wireless facility or the expansion of an existing facility on the grounds that radio frequency emissions are harmful to the environment or to human health (provided federal standards are met by the wireless provider). Additionally, the FCC provided two Fact Sheets to further explain the goals and objectives of the Act. Included in Fact Sheet 1 is the suggestion for local government to the use of third party professional review of site applications. Specifically stated, “Local zoning authorities may wish to retain a consulting engineer to evaluate the proposals submitted by wireless communications licensees. The consulting engineer may be able to determine if there is some flexibility as to the geographic location of the tower.” The full text of the Act is provided in Attachment 1. North Carolina House Bill 831 In 2007 the General Assembly for the State of North Carolina approved legislation providing guidance to how local governments in North Carolina could regulate the industry. The North Carolina General Statutes (SB 831) is provided in its entirety in Appendix D. Below are some highlights of the House Bill: • Land use regulations for new towers could address aesthetics, landscaping, location priorities, structural design, setbacks and fall zones. • Applicants are required to submit a completed application to the appropriate planning authority. • Local government could not require information on or evaluate and application based on the applicant’s business plan, network design, customer demand or quality of service to a particular geographic area. • Local governments could promote (not require) the use of publically owned land and facilities for new wireless infrastructure. • Collocations meeting House Bill criteria entitled to streamlined review and approval process within 45 days of submission. Federal Communications Commission Declaratory Ruling November 18, 2009 In states where there is no specific state statutory obligation on local jurisdictions (which includes the Commonwealth of Virginia) the FCC’s Declaratory Ruling will apply and impose upon local jurisdictions a timeline in which it must act upon wireless siting applications. The November 18, 2009 Declaratory Ruling 1 regarding timelines for local government to act upon a wireless siting application specifies a local government agency has thirty (30) days from receipt of an application for a new tower or collocation to determine if the application is complete or incomplete. Additionally the FCC provided the following deadlines for the local government decision process:

1 Declaratory Ruling , FCC 09-99 (Released November 18, 2009)

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