Section 12-K:3 Wireless Carriers Doing Business in This State.
All wireless carriers or their appointed agents doing business, or seeking to do business, in this state shall:
I. Be allowed to construct new ground-mounted PWSFs, provided that these PWSFs 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.
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 PWSF, or prior to construction if no approval is required, to the municipality in which the facility is to be constructed and to the office of energy and planning as follows:
(a) A copy of their license from the Federal Communications Commission (FCC) proving that they are eligible to deploy their systems in this geographical area and that this deployment falls under the jurisdiction of the federal Telecommunications Act of 1996; or a copy of their contract with a person with such a license, and a copy of that license.
(b) Upon request, detailed 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 PWSF, both active and inactive.
(c) Upon request, site descriptions for each of the above locations showing the antenna height and diameter, and showing all externally visible structures.
(d) Upon request, a description of why less visually intrusive alternatives for this facility were not proposed.
Source. 2000, 240:1, eff. Aug. 7, 2000. 2003, 319:9, eff. July 1, 2003. 2004, 257:44, eff. July 1, 2004.