2010-01-13 CC - Set Agenda - Laserfiche WebLink

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"toll" the 90 day or 150 day deadlines established by the Order to take final action on a wireless facilities siting application. The Petition cites both legal and practical problems that require reconsideration of the 30 day deadline. City of Centerville, member of the North Metro Telecommunications Commission fully supports and agrees with the Petition's legal analysis and believes that the Commission exceeded even its own interpretation of its authority under Section 332(c)(7). We believe that this internal 30 day deadline is a new limitation placed on local zoning authorities by the Commission and not simply an interpretation of Section 332(c)(7). As such we fully adopt the Petition's legal arguments against the 30 day deadline. We submit these comments separately to provide the Commission with examples of how the 30 day deadline will impact local governments, such as City of Centerville, member of the North Metro Telecommunications Commission, in practice. II. EXAMPLE (S) OF PRACTICAL PROBLEMS WITH 30 DAY INCOMPLETENESS DEADLINE Co- location of antenna requires review by City /Zoning Administrator and our Building Official - if insufficient paperwork or inadequate communications between the entities occurs, this could hinder our ability to appropriately address and protect our community's wellbeing and safety to our residents. The State of Minnesota requires a 60 review period associated with zoning issues - if zoning were involved for tower site(s), legal notices, review time, insufficient 2 In the Matter of Petition for Declaratory Ruling to Clarify Provisions of Section 332(c)(7)(B) to Ensure Timely Siting Review and to Preempt under Section 253 State and Local Ordinances that Classify All Wireless Siting Proposals as Requiring a Variance, Declaratory Ruling, WT Docket No. 08 -165, FCC 09 -99 (Nov. 18, 2009) ( "Order "). jy e-