On Sun, 12 Nov 2006 09:37:13 -0800, SMS <scharf.steven@geemail.com>
wrote in <45575bca$0$88626$742ec2ed@news.sonic.net>:

>decaturtxcowboy wrote:
>> SMS wrote:
>>> Contrary to what the carriers try to tell planning commissions, there
>>> is no requirement to approve a tower, but you can't not approve it for
>>> the wrong reasons, it has to be the right reasons.
>>
>> The current landscape (pardon the pun) is that is cannot be denied
>> for alleged heath issues or cosmetic reasons. It can be denied under
>> historic preservation reasons, so they go with excluded pubic
>> easments.
>
>Hmm, what section of the TCA lists cosmetic reasons?
>
>I found the RF section, "Title 47 of the United States Code, Section
>332, (7)((iv) states that, "No state or local government or
>instrumentality thereof may regulate the placement, construction, and
>modification of personal wireless service facilities on the basis of the
>environmental effects of radio frequency emissions to the extent that
>such facilities comply with the Commission's regulations concerning such
>emissions."
>
>In an case, there is wide leeway in the definition of "cosmetic." If a
>municipality is too restrictive, then the carrier may be able to seek
>relief through the courts, but the carriers typically don't want to go
>that far, as it is bad for their business and for their image.
>
>It's important for neighborhoods that are seeking to block towers, to
>not bring up the RF issue in their arguments against the towers, so the
>carrier can not challenge the decision in court.

You need to look a bit harder. Key language:

`( LIMITATIONS-

`(i) The regulation of the placement, construction, and modification
of personal wireless service facilities by any State or local
government or instrumentality thereof--

`(I) SHALL NOT UNREASONABLY DISCRIMINATE AMONG PROVIDERS OF
FUNCTIONALLY EQUIVALENT SERVICES; AND

`(II) SHALL NOT PROHIBIT OR HAVE THE EFFECT OF PROHIBITING THE
PROVISION OF PERSONAL WIRELESS SERVICES.

`(ii) A State or local government or instrumentality thereof shall
act on any request for authorization to place, construct, or modify
personal wireless service facilities within a reasonable period of
time after the request is duly filed with such government or
instrumentality, taking into account the nature and scope of such
request.

`(iii) Any decision by a State or local government or
instrumentality thereof to deny a request to place, construct, or
modify personal wireless service facilities shall be in writing and
supported by substantial evidence contained in a written record.

`(iv) No State or local government or instrumentality thereof may
regulate the placement, construction, and modification of personal
wireless service facilities on the basis of the environmental
effects of radio frequency emissions to the extent that such
facilities comply with the Commission's regulations concerning such
emissions.

`(v) Any person adversely affected by any final action or failure to
act by a State or local government or any instrumentality thereof
that is inconsistent with this subparagraph may, within 30 days
after such action or failure to act, commence an action in any court
of competent jurisdiction. The court shall hear and decide such
action on an expedited basis. Any person adversely affected by an
act or failure to act by a State or local government or any
instrumentality thereof that is inconsistent with clause (iv) may
petition the Commission for relief.

[emphasis added]

--
Best regards, FAQ FOR CINGULAR WIRELESS:
John Navas <http://en.wikibooks.org/wiki/Cingular_Wireless_FAQ>