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  The FCCs Telecommunications Act of 1996

 

Protection Against Cell Phone Radiation

Cell Phone Radiation Protection

Radiation Protection Products

The FCCs Telecommunications Act of 1996 (TCA) Section 704 prevents local governments from effectively regulating the placement of wireless communications facilities on the basis of potential or known environmental or health effects of radiofrequency radiation. The FCC issued a recent ruling (11/18/09) on antenna siting. They found: “In the event a State or local government fails to act within the appropriate time period, the applicant is entitled to bring an action in court under Section 332(c)(7)(B) (v) of the Communications Act, and the court will determine whether the delay was in fact unreasonable under all the circumstances of the case. We conclude that the record supports setting the following timeframes: (1) 90 days for the review of collocation applications; and (2) 150 days for the review of siting applications other than collocations.

Accordingly, if State or local governments do not act upon applications within those timeframes, then a “failure to act” has occurred and personal wireless service providers may seek redress in a court of competent jurisdiction within 30 days, as provided in Section 332(c)(7)(B) (v). The State or local government, however, will have the opportunity to rebut the presumption of reasonableness. http://www.fcc.gov/ November 18, 2009 "FCC Issues Declaratory Ruling Establishing Timeframes for State and Locality Processing of Applications for Wireless Towers")

This means that once an antenna application has been filed the wireless company can sue the state or local government if they have not either approved or denied the application within 150 days. This new ruling will force much faster action on cell tower siting than there has been in the past. Montgomery County, MD filed comments to the FCC against this new ruling, as did many local governments. Our current President Obama also filed comments against this while he was still a Senator from Illinois. The CTIA petition to the FCC asked that an antenna application be considered passed if it was not denied within 45 days so the FCC did not give in completely to their shot clock request.

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