HomeMy WebLinkAboutZTA201500001 Correspondence (2)From: Greg Kamptner
Sent: Monday, March 23, 2015 5:34 PM
To: Board of Supervisors members
Cc: Larry Davis; Doug Walker; Mark Graham; Wayne Cilimberg; Bill Fritz; Sarah Baldwin; Amelia McCulley
Subject: County Wireless Regulations; History of the County's Regulation of Wireless Facilities from 1996
to the Present
Dear Board Members:
On April 8, the Board will consider a zoning text amendment that will amend the County's wireless
regulations in County Code § 18- 5.1.40. This amendment would implement new rules adopted by the
Federal Communications Commission ( "FCC ") on October 17, 2014 and published in the Federal Register
on January 8, 2015.
The new FCC rules, which will become effective on April 8, require that localities approve the collocation
of transmission equipment on an existing structure if the collocation does not result in a substantial
change in the physical dimensions of the structure. The new FCC rules also require that the County act
on all wireless applications within 60 or 150 days, depending on the application. In response to a federal
statute adopted by Congress in 2012, the County's wireless regulations already require the approval of
qualifying collocations and require that the County act on all wireless applications within 90 or 150 days,
depending on the application. The new FCC rules further implement the federal statute adopted in 2012
by defining key collocation - related terms and further specifying the times by which the County must act
on certain applications.
The attached memorandum examines the history of the County's regulation of wireless facilities since
1996. The County's regulations have evolved over the years, not only to ensure compliance with federal
statutes and FCC rules, rulings, and orders, but also to implement the principles of the County's Wireless
Policy adopted in 2000 and to incorporate the practical experience the Board, the Planning Commission,
and County staff have gained over the past two decades.
The zoning text amendment the Board will consider on April 8 is another step in the ongoing evolution
of the County's wireless regulations.
Greg Kamptner
Deputy County Attorney
County of Albemarle
gkamptner @albemarle.org