1.    Is regulating cell phone towers or other wireless facility infrastructure through zoning against the law?

No.  According to the Telecommunications Act of 1996, except for items specifically provided in 47 U.S.C. 332(c), “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 only limitation is that regulation by the local government shall not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provision of personal wireless services."

2.    Doesn’t the FCC regulate cell phone towers?

Contrary to some beliefs, there is no direct policing function provided by the FCC, which is another reason why the Telecommunications Act expressly does not limit the local government’s authority to regulate wireless facilities.

The FCC sets standards for what wireless carriers can emit in terms of radio emissions and also requires towers to be registered, but the equipment on the towers and the carrier operating that equipment is typically not recorded anywhere if the wireless license granted by the FCC is a Personal Communications Service license.

3.    Does the GCLG process take control away from the local planning & zoning staff, committees or boards?

No.  Our goal is to provide a level playing field for the local government when dealing with wireless carrier applications.
We provide recommendations, we ensure that our clients have all the facts to make an informed decision – we do not make the final decision.  While each situation is different, the ultimate decision rests on our client’s interpretation of what is best for the community.

4.    Will the GCLG process slow down the review of applications?

No.  GCLG issues a recommendation within 2 weeks of the receipt of a complete application. This is significantly faster than the norm in communities that process applications “in-house”.  Largely due to their staff’s workload, the applications often take 30 days or more to review.

Industry representatives have publicly acknowledged the fact that GCLG speeds up the process. We strive to work with the applicant to expedite the application process and, if necessary, to negotiate reasonable compromises.

5.    We have heard that the GCLG application process is cumbersome.  Is that true?

No.  Our application process requires that the Applicant prove the technical need (not business need) for what they are requesting. If the site has been adequately planned, licensing, zoning/planning adherence, ownership/management, safety, and other customized needs of the community should be easily obtainable.

Furthermore, the widespread use of the GCLG ordinance and standardized process should make things much more efficient for all parties.

6.    Can we rely on existing staff to review applications?

Yes, but does your staff have specific technical expertise with wireless issues in the areas of: RF engineering, structural engineering, legal, operations, regional and national trends?  Also, does your staff have the time to do more than “rubber stamp” applications without reviewing the technical assumptions behind the application details?

7.    Has the GCLG ordinance been held to be overbroad or a violation of the Telecommunications Act?

No.  The ordinance has been in use for more than a decade and has never been successfully challenged in whole or in part by a court of law.

8.    If we work with GCLG, will carriers not come to our community?

The market drives whether or not a wireless carrier increases its towers and sites in your community.  If there is sufficient market demand, a gap in coverage, or a need for more capacity, it will be attractive to the wireless carrier. In this world of ubiquitous coverage and multiple competitors, no carrier can afford to leave a county or a municipality “out” – someone will fill the gap.  Whether or not a community works with GLCG has no bearing on the number of applications or number of new sites. 

9.    Is the cost of GCLG’s services too much to be borne by the Applicant?

If the Applicant provides a complete application, we typically will be below the escrow amount and the balance should be refunded back to the applicant.

From a revenue perspective, a cell site generates $1,750 of subscriber service revenue per day per antenna array (according to CTIA-The Wireless Association’s 2008 survey). Over a one-year period, that site will generate approximately $638,750 in annual revenue. The escrow deposit (assume $6,500) for GCLG application review represents only 1.0% (one percent) of the first year’s average revenue generation from that site.