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The Mobile Internet Report Key Themes*

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US Zoning Regulations – Health / Environment Issues +<br />

Lost Property Value Creating Obstacles for Wireless Network Rollout<br />

In the United States, wireless carriers have had difficulty building out their networks in<br />

certain residential areas because residents have opposed towers being built “in their back<br />

yard,” citing potential adverse health effects / property value depreciation / negative<br />

aesthetic impact.<br />

Currently, there are roughly 3,300 pending siting applications. 25% of the applications have<br />

been awaiting approval for over a year and more than 180 for over three years, per a 2008<br />

CTIA survey.<br />

<strong>The</strong> FCC approved tower siting “shot clock” rules in 11/09, requiring local authorities to<br />

grant / deny cell tower approval within a period of 90 days for co-located towers (shared by<br />

multiple operators) or 150 days for new towers, alleviating the problems that delays have<br />

caused in the past.<br />

Section 704 of the US Telecommunications Act of 1996 governs federal, state, and local<br />

oversight of cell site location for "personal wireless service" facilities. <strong>The</strong> Act established a<br />

framework for state and local zoning authorities’ jurisdiction over the construction,<br />

modification, and placement of cell towers. While local zoning authorities are able to<br />

prohibit certain cell site locations, the law gave the FCC the ability to preempt that authority<br />

if deemed necessary.<br />

Recently, many local authorities have contested Section 704 regulations and believe they<br />

should have the ability to prohibit cell site construction based on the negative<br />

environmental and human heath-related impacts of wireless technologies that they<br />

perceive. Local authorities in Los Angeles and Portland, OR, recently took measures<br />

against Section 704 health preemption and are calling on the FCC to change its<br />

regulations.<br />

Source: FCC, Morgan Stanley Research. 654

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