Wireless Facility Regulations
Town Policy on New and Expanded Wireless Facilities (as of 9/25/18)
Checklist for Wireless Applicants (as of 9/25/18)
*NEW* Town Council to Consider modifications to Wireless Policy on January 8, 2019, at 7:00 p.m. at Town Hall
|Date||Hearing Body||Action (click for link to video and documents)|
|January 8, 2019||Town Council||Council to consider update of policy and checklist|
|October 23, 2018||Town Council||Informational presentation and consideration of options for regulating small cells (Item 6)|
|September 25, 2018||Town Council||Council considers update of policy and checklist (Item 12)|
|June 26, 2018||Town Council||Hearing adopting ordinance and policy on wireless facilities (Item 5d)|
|June 12, 2018||Town Council||To consider introduction of ordinance|
|May 22, 2018||Town Council||To consider introduction of ordinance - Item not heard/continued|
|March 13, 2018||Town Council, Item 8||"Wireless 101" presentation and consideration of ordinance|
|October 16, 2017||Planning Commission||Considered draft regulations / recommended Town Council approve|
|May 9, 2017||Town Council||Town Council opposes SB 649 related to small cells|
|May 1, 2017||Planning Commission||Consideration and discussion of draft wireless regulations|
Information on Radiofrequency (RF) Emissions
For information regarding RF emissions safety and compliance, please see the following resources from various federal, state and independent sources. Please note that these links are provided for information purposes only and the views expressed in them should be attributed to the original source.
U.S. Department of Health and Human Services National Toxicology Program Cell Phone Radio Frequency Radiation Studies
California Department of Public Health Guidelines
How to Reduce Exposure to Radiofrequency Energy from Cell Phones
Radiofrequency "RF" Emissions
Under the federal Telecommunications Act, the Federal Communications Commission (“FCC”) completely occupies the field with respect to radiofrequency (“RF”) emissions regulation. The FCC established comprehensive rules for human exposure to RF emissions (the “FCC Guidelines”). Although the FCC requires all new and modified facilities to demonstrate compliance with the FCC Guidelines prior to construction, the FCC does not require compliance testing at regular intervals thereafter. The FCC requires all applications to include a written statement that the proposed emissions will be compliant, may require that the applicant provide a theoretical model and technical data to support the certification and, in some cases, may requirethe applicant to perform on-site field tests.
The Town cannot regulate wireless facilities based on environmental effects from RF emissions to the extent that the emissions comply with the FCC Guidelines. We may require applicants to demonstrate compliance with the FCC Guidelines, but we cannot establish compliance requirements that differ from the FCC Guidelines. Accordingly, the Town’s RF compliance review process is modeled after the FCC’s review process—all applicants are required to submit an RF compliance report with technical data to prove that the emissions will be incompliance, and the Town retains the option to require on-site testing if the technical data suggests that additional analysis is warranted.
Questions regarding potential RF hazards from FCC-regulated transmitters can be directed to the Federal Communications Commission, Consumer & Governmental Affairs Bureau, 445 12th Street, S.W., Washington, D.C. 20554; phone: 1-888-225-5322 (1-888-CALL-FCC); e-mail: firstname.lastname@example.org.
If you have concerns that a facility is not in compliance with the FCC Guidelines, you should report your concerns to the FCC’s Enforcement Bureau, 445 12th Street, SW, 3rd floor, Washington, DC 20554; phone: (202) 418-7450.