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10-14-2008
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10-14-2008
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Federal District Court circuit, Pentel v. City of Mendota Heights (1994), the court overturned the <br />city's denial of a 68 -foot radio tower. The city attorney should closely coordinate zoning <br />regulation of amateur radio towers with FCC regulations and applicable case lave. <br />Inventory of Current Tower Sites <br />Cities should compile an inventory of all towers now located within municipal boundaries to <br />identify potential possible sites for co -location of new facilities as well as to examine the impact <br />of proposed zoning changes on creation of non -conforming tower cities and to more carefully <br />determine the types of towers and locations the city wants to encourage or discourage. The <br />inventory should include information about the address, owner, user(s), height, style, zoning <br />district and a photograph of each tower or antenna. The city should also prepare a map showing <br />the location of current towers. Towers to be inventoried should include those mounted on <br />building walls and located on roofs. <br />Regulation of EMF <br />The federal Telecommunications Act of 1996 § 704 prohibits state and local regulation on the <br />basis of eletro-magnetic frequency (EMF) emissions if the facilities meet FCC regulatory <br />standards regarding such emissions. <br />Regulation of Satellite Dishes <br />The FCC has exclusive jurisdiction over direct -to -home satellite services: §303. Thus. local <br />ordinances may not prohibit or regulate earth station antennas (satellite dishes) of one meter or <br />less in all areas and two meters or less in commercial areas. Newly adopted FCC rules (that are <br />being challenged by the National League of Cities) pre-empt local regulation except when cities <br />successfully petition the FCC to allow local regulation of the installation or location of these <br />satellite dishes on the basis of proof that local regulation is necessary to protect health and safety. <br />The FCC has also proposed new rules that pre-empt any local requirements affecting <br />placement of TV antenna and multi point distribution services (MMDS) reception devices. <br />LMC Zoning Work Group <br />The League wishes to thank members of the Zoning Work Group who contributed to the <br />outline and information included in this memorandum. They are: <br />Curt Gutoske, Planner, Inver Grove Heights <br />Glen Markegard, Associate Planner, Bloomington <br />Dean Lotter, Administrative Intern, Rosemount <br />Craig Dawson, Assistant City Manager, Maplewood <br />Bill DeBlon, Community Development Coordinator, Robbinsdale <br />Edward Burrell, Finance Director, Roseville <br />Bob Museus, City Administrator, Hugo <br />Charles Grawe, Administrative Assistant, Apple Valley <br />Mary Maga, Planning/Administrative Intern, Bayport <br />John Burbank, Associate Planner, Cottage Grove <br />Gary Berg, Senior Planner, Woodbury <br />
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