Wireless Telecommunication Land Use Planning

The purpose and intent of a Master Telecommunications Land Use Plan parallel the goals and objectives of other comprehensive plans such as: roadway improvements, annexation studies and extensions of water and sewer lines.  The master planning process applies the land-use planning strategies of the local ordinance to the industry related radio frequency engineering standards to create an illustrative planning tool that coincides with the underlying zoning.  This is accomplished by identifying existing tower locations and signal coverage conditions; comparing this information to the standards of the ordinance; and a series of evaluations founded on land-use principals and engineering practices.  The end result is a planning tool that offers strategies to reduce tower extraneous infrastructure by improving the efforts to merge wireless deployment thereby minimizing tower proliferation by increasing shared sites.

CityScape staff has over 100 years collective experience in cellular/PCS engineering, site location technology and legal processes.  While we represent the local government in managing its telecommunication infrastructure, we do so armed with the background to provide fair service to the carriers in full accordance with the Telecommunication Act of 1996.

CityScape will 'protect' the aesthetics of the community by helping to controlling the number of future telecommunications sites that are located in the community.

Sites in the Master Wireless Plan can be developed under a simplified process that might not require special exceptions or public hearings.

While CityScape offers a wide range of planning and management services in connection with wireless tower siting, CityScape's primary goal is to ensure that every facility constructed in the local government within the client's zoning jurisdiction is designed in a manner to ensure maximum usage of the site by as many providers as feasible, thus effectively reducing the total number of towers or support structure needed in the community.

 

Telecommunication Ordinance Review

One of the most important facets of CityScape’s consulting process is its telecommunications legal expertise, led by Anthony T. Lepore, Esq., a recognized authority in the profession, who regularly represents clients before the FCC. This puts CityScape on the leading edge of current agenda items with the FCC and the myriad of technologies changing on a daily basis.

CityScape legal staff in concert with our client's legal staff, will assist local government in the development and approval of regulations that will comply with Section 704 of the Telecommunications Act of 1996, specifically:

  • Regulations governing the placement, construction and modification of personal wireless service facilities which do not discriminate among providers of functionally equivalent services and do not prohibit or have the effect of prohibiting the provision of cellular and personal communication services (PCS).
  • Ensure requests and authorization to place, construct or modify cellular and PCS facilities are acted upon and in compliance with the Telecommunications Act.
  • Ensure that such regulations are not predicated on Radio Frequency (RF) emissions and their environmental effect as long as the facilities proposed comply with the FCC’s regulations.
  • Protect local governmentl interests in historic preservation, public safety and aesthetics, etc., to the full extent allowed by federal law.
  • Maximize opportunities for revenue, using public property for lease to providers of wireless and other services.
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    Telecommunication Master Planning

    Many communities are concerned about the proliferation of telecommunications tower build-outs from the standpoint of aesthetics, time involved in the review and fair deployment of these facilities, public safety issues, and the legal implications of upholding both the public and private interests involved. Most communities are dealing with tower growth in an ad hoc manner, which is the most expensive and perilous way to deal with it.

    Implementation of a master wireless plan simplifies and economizes the process. No longer is it necessary to run each individual site approval through a lengthy process involving numerous submissions, hearings and delays, after sites are encompassed in a plan and considered together as a whole. The master plan offers numerous benefits to the local government and its citizens, as well as the carriers who participate.

    A comprehensive Master Wireless Plan will include:

  • Review and revision (if necessary) of existing ordinances and code to encourage all present and future wireless service providers to participate in a master plan by working with CityScape to ascertain their current and future service needs.
  • Development of a comprehensive telecommunications grid for the local government. This exclusive benefit of CityScape is prepared in conjunction with CityScape’s legal department. A comprehensive grid of all telecommunications providers is the only method to assure:
  • Minimizing the total number of telecommunications towers and/or sites within the local government;
  • Ensuring the local government's compliance with the Telecommunications Act of 1996 (as amended).
  • Achieving the maximum revenue potential to the local government;
  • Correlating of all of the provider-furnished data together with the local government's own sites, along with added weighting to municipal owned locations in mapping out a master wireless plan for wireless telecommunications facilities to be sited in the local government.
  • Provide specifications to and coordination with wireless service providers (who will construct the towers on public owned property and then deed the facilities back to the local government), and continued management by CityScape of the public owned sites to maximize the revenue potential from same.
  • Facilitate the local government needs, including future public facilities (public safety, municipal dispatch, communications and information technology infrastructures).
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    Radio Frequency (RF) Engineering Analysis/Site Plan & Application Review

    CityScape provides to government entities, the appropriate technical resources to review and evaluate carrier requests and applications. This allows the local government an independent and defensible review to evaluate new tower requests on their merits, while maintaining local control over the location of the proposed facility. We will provide an analysis of the carrier's application and a determination if it is technically justified.  Additionally we can evaluate alternative sites that may be more appropriate to the community.  CityScape provides you with the information to act upon these applications and make such decisions.

    CityScape legal staff will review the application from a legal standpoint to ensure it meets the requirements of the applicable ordinance in terms of zoning, permissible structure height, safety and aesthetics, and compliance with applicable federal guidelines including FAA and FCC (i.e., RF emission standards, power levels, etc.).

    The FCC suggests communities seek independent third party reviews of wireless siting applications. The local government can require (by ordinance) that the wireless providers absorb the cost of this independent evaluation as part of the planning and zoning application process.

    CityScape will conduct an evaluation of a carriers request for new tower facilities to include, but is not limited to:

  • Determine if the search ring is adequate based on generally accepted cellular and PCS engineering principles for the intended site.
  • Evaluate proposed height of requested facility, based on capacity or coverage. Is the height truly needed, based on hand-off, building penetration and overlap? This evaluation is performed using a coverage prediction software package used by many carriers.
  • Evaluate site options. Can this site be accommodated at any existing structure or other proposed sites? Is there an ability of this site or an alternative site to be used for future co-location opportunities?
  • Evaluate compliance with existing ordinance (i.e., setbacks, tower separations, ordinance definitions, etc.) and compliance with the Telecommunications Act of 1996.
  • Evaluate aesthetic impact and possible mitigation of, structures, shelters, containers and landscaping to provide a more aesthetically pleasing solution.
  • Evaluation of Federal Communications Commission (FCC) Radio Frequency (RF) exposure compliance.
  • Develop a database and framework that can be used as a basis for a future telecommunications plan.
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    Government Workshops

    CityScape staff provides workshops for government, both elected and non-elected officials. Workshop includes: requirements of the federal government and your existing ordinance; Radio Frequency Exposure guidelines and what you as a local government can and cannot do; an engineering tutorial on how locations are determined and service facilities are designed. CityScape will tailor a workshop specifically for a community, according to its goals, to aid the community in the preparation of its telecommunications future.

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