Section 49 Telecommunications Act of 1996

• Library: Urban Development Subdivisions, and Annexations (2011 Ed.)

The TCA (Telecommunications Act of 1996), Pub. L. No. 104‑104, 110 Stat. 56, provides limitations on the ability of local government to regulate "placement, construction, and modification of personal wireless service facilities," i.e., cell towers. 47 U.S.C. § 332(c)(7)(A). The TCA provides that decisions on the placement, construction, and modification of personal wireless service facilities must be in writing, based on substantial evidence, and done within a reasonable period of time. Section 332(c)(7)(B)(ii)–(iii). The TCA also provides that local government regulation of personal wireless service facilities cannot "unreasonably discriminate among providers of functionally equivalent services; and . . . shall not prohibit or have the effect of prohibiting the provision of personal wireless services," or regulate "on the basis of the environmental effects of radio frequency emissions . . . ." Section 332(c)(7)(B)(i) and (iv). The TCA provides for expedited review in federal district court for alleged violations. Section 332(c)(7)(B)(v).

To satisfy the TCA's "in writing" requirement, decisions by local zoning boards "must (1) be separate from the written record; (2) describe the reasons for the denial; and (3) contain a sufficient explanation of the reasons for the denial to allow a reviewing court to evaluate the evidence in the record that supports those reasons." Sprint Spectrum, L.P. v. Platte Cnty., Mo., 578 F.3d 727, 731...