The Law on Wireless Infrastructure

The Telecommunications Act of 1996 is the primary governing document for the siting, construction, and modification of wireless telecommunications facilities in the United States. In the law, Congress specifically preserved the authority of local governments to exercise control over these activities in their communities.

47 U.S.C. 332(c) clearly states:

“Except as provided in this paragraph, nothing in this Act shall limit or affect the authority of a State or local government or instrumentality thereof over decisions regarding the placement, construction, and modification of personal wireless service facilities.”

The Act specifies five exceptions. Local governments may not:

1. Unreasonably discriminate among providers of functionally equivalent services;

2. Prohibit or have the effect of prohibiting the provision of personal wireless services;

3. Fail to act on any application to place, construct or modify a wireless facility within a reasonable period of time;

4. Deny an application to place, construct or modify a wireless facility without a written record supported by substantial evidence;

5. Regulate the placement, construction or modification of a wireless facility based on environmental effects of radiofrequency emissions.

Other than these exceptions, local governments may adopt whatever provisions are appropriate for their communities. That's the law.