CHAPTER 12-K DEPLOYMENT OF PERSONAL WIRELESS SERVICE FACILITIES
Section 12-K:3
12-K:3 Wireless Carriers Doing Business in this State. –
Each carrier or its appointed agent doing business, or seeking to do business, in this state shall:
I. Be allowed to construct new towers, provided that these towers comply with municipal regulations for maximum height or maximum allowed height above the average tree canopy height, subject to any exceptions, waivers, or variances allowed or granted by the municipality.
II. Comply with all applicable state and municipal land use regulations laws.
III. Comply with all federal, state, and municipal statutes, rules, and regulations, including federal radio frequency radiation emission regulations and the National Environmental Policy Act of 1969, as amended.
IV. Provide information at the time of application to construct an externally visible tower or to make a substantial modification to an existing tower, mount, or PWSF, or prior to construction if no approval is required, to the municipality in which the tower, mount, or PWSF is to be constructed and to the department of energy as follows:
(a) A copy of its license from the Federal Communications Commission (FCC) demonstrating its authority to provide personal wireless services in the geographical area where the PWSF is located, or where a person is seeking to construct a new tower or make a substantial modification to a tower, mount, or PWSF on behalf of a carrier, a signed authorization from a representative of the carrier, and a copy of the carrier's license.
(b) Upon request, maps showing all of the carrier's current externally visible tower and monopole PWSF locations in the state within a 20-mile radius of the proposed externally visible new ground-mounted PWSF, including permanent, temporary or to-be-decommissioned sites, if any.
(c) Upon request, a description of why less visually intrusive alternatives for this tower or mount were not proposed.
Source. 2000, 240:1. 2003, 319:9. 2004, 257:44, eff. July 1, 2004. 2013, 267:4, eff. Sept. 22, 2013. 2017, 156:64, eff. July 1, 2017. 2021, 91:200, eff. July 1, 2021.