Morrisville Wireless Telecommunication Facilities Master Plan - 2013

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

These new provisions will significantly extend the timeline for federal approval of new construction or modification of towers that meet the conditions above 3 , which may have the effect in some instances of slowing the deployment of wireless facilities where the proposed facilities fall into one of the three (3) categories above. Applicants may also seek local approval of their proposal at the same time the federal processes are underway on parallel paths, and thus it is unclear at this time what impact the federal processes may have on the processing and adjudication by local government of wireless siting applications. In addition to the FCC’s recent actions, Congress also recently involved itself in wireless siting issues by including language in recent legislation signed by the President on February 22, 2012 that impacts local governments’ consideration of wireless siting applications. In Section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, Congress further eroded local government’s jurisdiction over wireless facilities through the following language: (a) FACILITY MODIFICATIONS.— (1) IN GENERAL.—Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104) or any other provision of law, a State or local government may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station. (2) ELIGIBLE FACILITIES REQUEST.—For purposes of this subsection, the term ‘‘eligible facilities request’’ means any request for modification of an existing wireless tower or base station that involves— (A) collocation of new transmission equipment; (B) removal of transmission equipment; or (C) replacement of transmission equipment. (3) APPLICABILITY OF ENVIRONMENTAL LAWS.—Nothing in paragraph (1) shall be construed to relieve the Commission from the requirements of the National Historic Preservation Act or the National Environmental Policy Act of 1969. Note that Section 6409 applies where an application for modification of an existing wireless facility does not involve a “substantial change” to the physical dimensions of such tower or base station. The Middle Class Tax Relief & Job Creation Act of 2012 – HR 3630

3 The new requirements are imposed on proposals for either new towers or modifications that, generally speaking, do constitute a “substantial change” as that term is defined by the FCC.

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