AG 1997 07 21 - Laserfiche WebLink

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INTRODUCTION ._hen President Clinton signed the Telecommunications ~.ct of 1996 into law, the nation's telecommunications policy th was clearly marked. The Act firmly established com- _tition among multiple service providers - not monopoly ~ontrol - as the course for the future. r local governments, th~e.law's impacts will be -3'nsiderable. The entry of multiple telecommunications roviders into the market with neb; more efficient hnologies and services can strengthen local economies ~creating jobs and keeping local businesses competitive. -he law also could produce new educational and health Lefits for communities, create potential new revenue :,~rces for local budgets, and permit cities and counties to ~_liver services in new, efficient, and innovative ways. In ition, advancements in technology - along with .~perly-structured and implemented public policies - can elp ensure that all citizens have equitable access to ntiaI communications services. ~arls; the development of the local telecommunications ~'astructure will be high on the list of planning priorities : ities and counties as the 21st century approaches. ':e influx of new telecommunications providers also poses ficant challenges for local governments as they perform __ traditional zoning and land use functions. In particular, -~ tremendous growth in the personal wireless services 'et - including cellular telephones, personal comm- otions systems, and paging services - has caused the -hand for new facilities to site antennas to grow rapidly. The construction of transmitting and receiving antennas, usually placed on towers, is essential for the effective operation of wireless services. And the growth in the number of providers of other telecommunications services, which often rely heavily on the use of streets and other public rights-of-way to offer their services, places considerable new demands - both financial and managerial - on local governments. In today's information age, investing in local infrastructure means not only encouraging and facilitating the use of new telecommunications networks, but also managing their integration into the existing infrastructure. Congress recognized these local responsibilities in the 1996 Telecommunications Act. The Act generally preserves local government authority to manage the use of public rights-of- way and, with respect to cellular and other wireless services, to enforce zoning requirements that protect public safety, public and private property, and community aesthetics. To comply with the law and balance community needs, however, local officials must reassess the ways in which they make zoning and other land use decisions. The need for reassessment is most evident in those cities and counties where multiple wireless companies are seeking to locate new antenna facilities, usually towers, in residential and commercial districts.