What Do I Do When a Cellular Company Wants to Erect a 100 ft. Monopole on Main St.?
Most municipalities understand the need for the proliferation of cellular antennas due to the increased reliance on mobile phones by their residents. However, village boards and city councils also want to preserve the architectural and aesthetic character of historic neighborhoods or commercial shopping districts to protect their tax base and property values. Federal law was amended in 1996 to strike a balance between the federal policy of advancing the expansion of competitive telecommunications services and respect for local zoning control. Section 332(c)(7) of the Telecommunications Act of 1996 describes the procedural and substantive requirements which zoning authorities must satisfy for a negative decision to be upheld. Most importantly, a government must apply its rules in a non-discriminatory manner. Further, a zoning law which is facially neutral may not have the effect of eliminating cellular service for a given geographic area. Finally, a zoning authority should treat the app
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