Priest River Residents’ Proposed Wireless Ordinance

Priest River WTF Ordinance

A. Purpose And Definitions:

  1. Purpose: Wireless telecommunication facilities include antennas (attached and freestanding) with or without equipment buildings constructed for transmitting signals for the operation provision of personal wireless services. These types of uses are convenient for the day-to-day function of everyday living and commerce. Although convenient, these uses personal wireless service facilities can have negative impacts to the community. This section is intended to provide standards and a process for permitting wireless telecommunication facilities (WTFs) to assess and minimize negative impacts
  2. Definitions:
    • Personal Wireless Services: 47 U.S. Code §332(a)(7)(C)(i) “the term ‘personal wireless services’ means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services;”
    • Transmission of energy by radio: 47 U.S. Code § 153(57) The term “transmission of energy by radio” or “radio transmission of energy” includes both such transmission and all instrumentalities, facilities, and services incidental to such transmission.
    • Common carrier: 47 U.S. Code § 153(11) The term ‘common carrier’ or ‘carrier’ means any person engaged as a common carrier for hire, in interstate or foreign communication by wire or radio or interstate or foreign radio transmission of energy, except where reference is made to common carriers not subject to this chapter;
    • Mobile service: 47 U.S. Code § 153(33) The term “mobile service” means a radio communication service carried on between mobile stations or receivers and land stations, and by mobile stations communicating among themselves, and includes
    • Telecommunications service: 47 U.S. Code § 153(53) The term “telecommunications service” means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
    • Information service: 47 U.S. Code § 153(24) The term “information service” means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service.
    • Radio communication: 47 U.S. Code § 153(40) The term “radio communication” or “communication by radio” means the transmission by radio of writing, signs, signals, pictures, and sounds of all kinds, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.
    • Wire communication: 47 U.S. Code § 153(59) The term “wire communication” or “communication by wire” means the transmission of writing, signs, signals, pictures, and sounds of all kinds by aid of wire, cable, or other like connection between the points of origin and reception of such transmission, including all instrumentalities, facilities, apparatus, and services (among other things, the receipt, forwarding, and delivery of communications) incidental to such transmission.
    • Radio station: 47 U.S. Code § 153(42) The term “radio station” or “station” means a station equipped to engage in radio communication or radio transmission of energy.
    • Land station: 47 U.S. Code § 153(29) The term “land station” means a station, other than a mobile station, used for radio communication with mobile stations.
    • Mobile station: 47 U.S. Code § 153(34) The term “mobile station” means a radio-communication station capable of being moved and which ordinarily does move.
      • (A) both one-way and two-way radio communication services,
      • (B) a mobile service which provides a regularly interacting group of base, mobile, portable, and associated control and relay stations (whether licensed on an individual, cooperative, or multiple basis) for private one-way or two-way land mobile radio communications by eligible users over designated areas of operation, and
      • (C) any service for which a license is required in a personal communications service established pursuant to the proceeding entitled “Amendment to the Commission’s Rules to Establish New Personal Communications Services” (GEN Docket No. 90–314; ET Docket No. 92–100), or any successor proceeding.
    • WIRELESS TELECOMMUNICATION ANTENNA ARRAY: One or more rods, panels, discs, or similar equipment used for the transmission or reception of radio frequency (RF) signals through electro-magnetic energy, which may include omni-directional antenna (whip), directional antenna (panel), and parabolic antenna (dish).
    • WIRELESS TELECOMMUNICATION FACILITY (WTF) — FREESTANDING: A wireless telecommunications transmission and/or reception radio station or land station that is affixed to a structure erected to support the transmission and/or reception device equipment for transmission of energy by radio, equipment structures, and connecting appurtenances. Support structure types include, but are not limited to, metal poles, lattice towers, wood poles, and guy towers.
    • Noise: Any electromagnetic power that travels through the air.

B. General Requirements:

  1. Title 47 U.S. Code § 324 Use of Minimum Power – In all circumstances, all radio stations, including those owned and operated by the United States, shall use the minimum amount of power necessary to carry out the communication desired.
  2. A wireless telecommunication facility (WTF) shall constitute a special use and shall be considered under the conditional use section of the Commercial and Industrial Zoning Districts. Conditions that may be appropriate for WTFs may include but are not limited to:
    • a. Modification of the required lot size or setbacks in the zoning district to accommodate the use;
    • b. Control the location and number of access points to the property
    • c. Limit the coverage or height of equipment/building structures, because of obstructions to views or incompatibility with surrounding uses;
    • d. Reduce or expand requirements for screening or landscaping to maintain the property in character with the surrounding area; and
    • e. Establish regulations to protect property or existing improvements from detrimental effects of the proposed use.
    • f. WTFs must not to be located in residential zones.
    • g. WTFs must have a horizontal offset of at least 1,500 feet from any residence
    • h. WTF antennas must be installed at least 100 feet above ground
  3. Parabolic antennas, that are a component of a WTF, shall not exceed a diameter of six feet (6′).
  4. Freestanding support structures for WTFs shall be monopole structures unless the City Council approves a different structure, upon good cause shown.
  5. Telecommunication antenna arrays may be located on an existing support structure or building. Location of any antenna array on the existing facility shall may be permitted without with a conditional use permit or and a site plan review
  6. Minor modifications of existing WTFs are permitted, provided that; there are no significant changes in the visual appearance of the facility. Minor modifications include, but are not limited to, the addition of transmission and/or reception device(s) to WTFs that meet the provisions of this section and comply with Paragraph 1 in this section.
  7. If any antenna or tower is not operated for a continuous period of six (6) months, it shall be considered abandoned. The owner of such antenna or tower shall remove it within sixty (60) days after notice and an opportunity to be heard. If the antenna or tower is not removed within the sixty (60) days the City may, at the expense of the WTF’s owner(s), remove the antenna or tower and file a lien against the owner of the facility for expenses incurred in removal and any attorney fees associated with the due process or judicial process incurred by the City.
  8. Every WTF application must includes the following:
    • a. Objective signal strength data measured (in dBm) by a neutral third-party RF Engineer that is selected by the City. The RF Engineer will measure all of frequencies/bands/channels specified in the carrier’s license and place this raw data in the public record of all to view and analyze. The data must demonstrate a need for any WTF — before it may be permitted.
    • b. Written evidence of federally-mandated NEPA review (required to maintain any FCC license)
    • c. Full insurance documents that prove that there is no exclusion for EMF/RF Electromagnetic Microwave Radiation (RF-EMR) pollution; the evidence must prove there is adequate coverage to pay any claims of injury, illness or death from EMF/RF-EMR.
    • d. A complete list of the board of directors of the business entity that is applying for the permit.
    • e. Any other requirement approved by the City Planning Department.
  9. None of the above requirements are intended to prohibit the personal use of ham radio antennas provided the operations comply with Federal Communications Commission (FCC) regulations, and local noise ordinances.

C. Appearance Standards:

  1. Wireless telecommunications facilities (WTFs) shall be designed to be compatible with, and blend with the natural and built environment. This design includes, but is not limited to:
    • a. Building structure and design.
    • b. The use of exterior material.
    • c. Landscaping and fencing.
  2. All equipment and associated cabling shall be enclosed within a structure or shall be concealed, camouflaged, or placed under ground.

D. Site Development Standards:

  1. Landscaping And Screening: The site shall be screened with landscaping according to the zone in which it is located. Within 1500′ of an existing residential use or a residential zoned lot, the perimeter of the site shall be landscaped with shrubs and trees that will provide a visual screening fence. The height of the fence shall be a minimum of six (6) feet in height and be maintained by the property owner.
  2. Setback Requirements: Support tower structures shall be set back from all property lines as required by the International Building Code or one foot (1′) for every ten feet (10′) of total tower height, whichever produces the greater setback, as long as they are constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision E standard entitled “Structural Standards for Steel Antenna Towers and Antenna Supporting Structures” Current Standard. WTFs must have a horizontal offset of at least 1,500 feet from any residence.
  3. Perimeter Fencing: At a minimum the entire [wireless tele]communications facility shall be fenced with a six foot (6′) high chain link fence at its perimeter. If the site is adjacent to a residential use or zone refer to subsection Dl of this section.
  4. Electromagnetic Field/Radio-Frequency Radiation/Effective Radiated Power Standards: Installation of a WTF antennas shall conform to standards as required by the 1934 Communications Act as amended by the 1996 Telecommunications Act, the Americans with Disabilities Act (ADA), the National Environmental Policy Act (NEPA) — as well as federal and state constitutional provisions.
  5. Sharing Of Support Towers And Collocation Of Facilities: It is the policy of the City of Priest River to minimize the number of WTF support towers and to encourage the collocation of of more than one wireless carrier on a single support tower.

Appendix A

Wireline Broadband and Wireless Broadband Are NOT Functionally Equivalent Services

FTTP = Fiber Optics to the Premises

Wireline Broadband (Coaxial/FTTP) Wireless Broadband
Data Medium Wireline glass fiber Wireless through the air
Spectrum Visible Light Microwave
Frequencies Terrahertz Megahertz
Frequency Ranges 405,000,000,000,000 Hz to 790,000,000,000,000 Hz 600,000,000 Hz to 86,000,000,000 Hz
Frequency Ranges 405 × 1012 Hz to 790 × 1012 Hz 600 × 106 Hz to 86,000 × 106 Hz
Wireless Interference None Ubiquitous
Data capacity Huge Limited
Download speed 1,000 Mbsp down 25-100 Mbsp down
Upload speed 1,000 Mbsp up 5-10 Mbsp up
Latency 1-5 milli-seconds 10-50 milli-seconds
Energy-efficiency Extremely efficient Extremely inefficient
More Frequent Installation Underground On poles
Less Frequent Installation On poles Underground
Ease of date capture Difficult Easy
Security Much more secure Much less secure
National Security More reliable Much less reliable
Electromagnetic Pulse Attack Survives Does not survive
Fire: Natural or Attack Survives Underground Does not survive
Health Effects None Many Proven*
Biological Effects None Many Proven*
Environmental Effects None Many Proven*
Impacts in/from PROW None Significant**

* Link to tens of thousand of peer-reviewed studies — established science that proves Negative Health, Biological and Environmental Impacts of RF microwave radiation exposures

**Link to safety, privacy and property value harms from Wireless Telecommunications Facilities (WTFs) installed near homes