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Robert 7 �470 Pillsbury 200 South Sixth Street 1 ye Minneapolis MN 55402 (612) 337-9275 telephone (612) 337-9310 fax http://www.kennedy-graven.com rvose@kennedy-graven.com CHARTERED IT, 111105W,7W1111101 TO: Charlie LeFevere FROM: Bob Vose DATE: June 15, 2004 RE: New Brighton Telecommunications Tower Regulation; NE136-8 You asked for information concerning the legal standards applicable to local zoning and regulation of wireless towers and facilities. I. BACKGROUND Section 704 of the Federal Telecommunications Act of 1996 (partially codified at 47 U.S.C.A. 332(c)(7)) governs the zoning and regulation of wireless towers and facilities. The statute is set forth at the end of this memo. Section 704 governs all state and local decisions regarding "the placement, construction, and modification of personal wireless service facilities." The term "personal wireless service facilities" is broadly defined to include the facilities of commercial wireless telephone service providers (Sprint, T -Mobile, Verizon, etc) along with various data transmission service providers and unlicensed operators. Section 704 preserves local zoning and land use authority concerning wireless towers, antennas and facilities but establishes specific requirements for review of such zoning requests. Specifically, Section 704 mandates that: 1. Municipalities cannot "prohibit or have the effect of prohibiting the provision of wireless service. This means that unless facilities located outside the municipality provide adequate service coverage, the municipality must permit the placement of wireless facilities at some location(s) within its boundaries. • 2. In regulating the placement of wireless facilities, municipalities cannot "unreasonably discriminate" among providers of equivalent services. RJV-249325vl NE136-8