While the County reviews and approves the location of individual wireless applications, it must do so within parameters established by both federal and state laws that severely limit the County’s discretion. The County may require an analysis of potential alternative sites, but the County does not direct the placement of antennas.
Collectively, the federal and state laws prohibit cities and counties from:
1. Denying a carrier the ability to provide service either through explicit prohibitions (example: banning new wireless facilities) or through actions that effectively prohibit service.
2. Denying wireless applications based on health concerns, such as those expressed about radio frequency emissions.
3. Stalling or failing to make a decision. The Telecommunications Act and subsequent Federal Communications Commission orders impose a short time frame, often referred to as a shot clock, for a city or county to review a wireless application. Failure for a city or county to act results in the application being automatically approved without the ability to impose conditions of approval.
4. Denying a carrier from using the public right-of-way to install their equipment.