AGENDA ITEM SUMMARY

Consider on first reading an Ordinance amending the Code of Griffin, Georgia, at Chapter 86, TELECOMMUNICATIONS, Art. III, TELECOMMUNICATION ANTENNAS AND TOWER STANDARDS, by deleting the present article and adopting in lieu thereof a new article in conformance with the Spectrum Act of 2012, modifying the Telecommunications Act of 1996. City Attorney Drew Whalen will address.

The City's current regulations of telecommunications or personal wireless facilities was adopted several years ago, following enactment by Congress of the Telecommunications Act of 1996. That law was substantially revised in 2012 by enactment of the Spectrum Act. Under this new law, local government regulation of tower sitings is severely pre-empted and jurisdiction was given to the FCC, if the local government fails to act timely. Local zoning jurisdiction is preserved, under the Act's time limitations, provided a city is prohibited from discriminating between providers and can no longer inquire into or consider the technical, business, or service characteristics of the proposed facility or its provider, nor the environmental effects of radio frequency emissions. Local governments can no longer permit "minor" modifications to an existing tower, which the law defines as "less than 10' in vertical height or 6' horizontally". If local regulation fails to meet the "shotclock" provisions of the Act, local jurisdiction is lost and the FCC is the sole determiner of tower sitings.

Approval. Earlier revision of the Code was postponed while various local governments litigated the provisions. At this time it appears the Act is valid and will control future telecom siting decisions; therefore, our Code needs revision.

None