(a) The City has the authority to regulate the placement, construction, and modification of towers, antennas support structures, and telecommunications facilities.
(b) The Federal Communications Act of 1934 as amended by the Telecommunications Act of 1996 (“The Act”) grants the Federal Communications Commission (FCC) exclusive jurisdiction over:
(1) The regulation of the environmental effects of radio frequency emissions from telecommunications facilities.
(2) The regulation or radio signal interference among users of the radio frequency spectrum.
(c) The City’s regulation of towers and telecommunications facilities cannot have the effect of prohibiting any person from providing wireless telecommunications services in violation of the Act. (Ord. 318. Passed 2-4-08.)