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local regulations. The City's two water towers also have antennas attached to them, which are covered under special provisions in the Zoning Code. Antenna Regulations FCC Regulations The City's regulations must take into account the provisions in the Federal Communications Act. Section 332(c)(7) of the Communications Act preserves state and local authority over zoning and land use decisions for communications antennas; however, it includes limitations on that authority. According to the regulations, a state or local government may not unreasonably discriminate among providers of functionally equivalent services, may not regulate in a manner that prohibits or has the effect of prohibiting the provision of wireless services, must act on applications within a reasonable period of time, and must make any denial of an application in writing supported by substantial evidence in a written record. The statute also preempts local decisions premised directly or indirectly on the environmental effects of radio frequency (RF) emissions, assuming that the provider is in compliance with the Commission's RF rules. (htlp:Hwireless.fcc.gov/siting/local-state-gov.html). The FCC also made a ruling in December 2009 that local governments must act upon requests for new antennas on existing towers with 90 days of submitting an application. This is less than what Minnesota Statutes allow for other land use reviews, which can be up to 120 days. The new ruling also states that a city cannot deny one wireless service provider because a competing provider is already located on a particular tower or somewhere else in the city. City Zoning Regulations Section 1325.09 Subd 1 of the City's Zoning Code states that a purpose of regulating antennas, dish antennas, and towers within the City is to "maximize the use of existing and approved towers and buildings to accommodate new personal wireless service antennas in order to reduce the number of new towers necessary to serve the community." Essentially, it has been the City's desire to encourage new antennas to be located on existing platforms (i.e. water tower, antenna tower, or building) where feasible instead of building new antenna towers or monopoles throughout the City. A complete ban on new antennas or antenna towers would conflict with FCC regulations. However, a city can reasonably regulate the location and appearance of new antennas and towers provided the regulation does not prohibit the accessibility to wireless services. In August 2009, the City adopted a code update to set a priority list for the placement of new antennas (Section 1325.09 Subd 6). Again, the goal is to encourage the grouping of antennas to minimize the construction of new antenna towers and limit the aesthetic impact. The code states that new antennas shall be located on City water tower sites unless the applicant shows, to the City of Arden Hills City Council Work Session for December 21, 2009 llMetro-inet.uslardenhillslPlanninglPlanning Cases 12009109-023 Reiling Tower Zoning and CUP Amendment (Pending) 112-21-09- Work Session - Memo - Antennas and Towers.doc Page 4 of 6