> Got home and started digging in. Well, I think that this was written for
> only commercial users. In the definition section, it reads that a
> "TELECOMMUNICATIONS FACILITY" is:
>
> "Towers and/or antennas and accessory structures, together used in
> connection with the provisions of cellular telephone service, personal
etc.
I recently encountered nearly identical language in another town's Land Use
Regulations.
They defined "Wireless Communications Facility" as being a facility that
"...provides...wireless communications..."
A close look at the rest of the definitions included the definition of
"Wireless Communications": "...as defined in the Federal Telecommuncations
Act of 1996...".
A long bout of Web surfing to find the correct part of the Act and
subsequent codification into law yielded the following:
Here is the relevant part of the "Act"" (Section 704)
SEC. 704. FACILITIES SITING; RADIO FREQUENCY EMISSION STANDARDS.
(a) NATIONAL WIRELESS TELECOMMUNICATIONS SITING POLICY- Section
332(c) (47 U.S.C. 332(c)) is amended by adding at the end the
following new paragraph:
`(7) PRESERVATION OF LOCAL ZONING AUTHORITY-
<deleted>
`(C) DEFINITIONS- For purposes of this paragraph--
`(i) the term `personal wireless services' means
commercial mobile services, unlicensed wireless
services, and common carrier wireless exchange access
services;
`(ii) the term `personal wireless service
facilities'
means facilities for the provision of personal
wireless
services; and
`(iii) the term `unlicensed wireless service' means
the offering of telecommunications services using duly
authorized devices which do not require individual
licenses, but does not mean the provision of
direct-to-home satellite services (as defined in
section 303(v)).'.
=============
Clearly this does not apply to amateur radio, which is defined elsewhere in
Title 47.
73,
Doug K1DG
_______________________________________________
See: http://www.mscomputer.com for "Self Supporting Towers", "Wireless Weather
Stations", and lot's more. Call Toll Free, 1-800-333-9041 with any questions
and ask for Sherman, W2FLA.
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