There are about 4 parts of federal code that allows the use, but it does not get you out of the process. Planning cannot deny you but you still have to apply for the conditional use permit. They will have a hearing for the public to have a chance to comment, but at the end of the day you will get the permit. I go through the whole 9 yards on a regular basis. Just make sure you show up to the hearing (my mistake last time, since I had been getting stuff rubber stamped) so that you can answer all the questions of the planning commission and argue for no conditions.
----- Original Message ----- From: "Isp Operator" <[EMAIL PROTECTED]> To: <[email protected]> Sent: Tuesday, August 12, 2008 4:37 AM Subject: [WISPA] Tower site liscensing problem > Hi Gang, > > We recently received notice that one of our locations has received the > interest of our county planning department, who has determined that the > location requires a 'use permit' for a major impact utility location > (eg: Cellular telephone). Naturally, we strongly disagree with this > determination. > > The site is in a remote location, on private property completely out of > view of anybody(*), solar powered, on a 25' mast, with only the most > basic of equipment installed including two access points with an omni > and a sector. Aside from being 'outdoors', really, there's no > resemblance to a 'cellphone tower' as the gear is equivalent to what > most people use for their home wireless networks, albeit with slightly > larger externally mounted antennas. The planning department DID NOT cite > any building codes or height restrictions, just that we seem to be > 'transmitting' as well as 'receiving', and we're certain that the > determination has to do ONLY with the fact that it's a wireless repeater > and otherwise wouldn't receive any attention at all if it was a wind > generator, weather station or other application. > > The substantial weight of the use permit process they wish us to go thru > is exactly that for a major cellphone site, complete with hefty > application fees, public hearings, zoning approvals, and the whole nine > yards. Assuming we made it all the way thru the process, we would then > also be required to build it up with severe site upgrades including fire > access and other features, which is simply too much overkill and we > would not be able to comply. > > Isn't there some kind of exemption or otard-similar ruling or legal > guidelines from the fcc regarding this type of situation? I can only > imagine that the criteria cited would also apply to many, many other > uses of part-15 devices and that the regulations just predate (2001 in > our case) the real onslaught of linksys in every home. I also imagine > that there would be substantial damage if every wisp was required to get > cellphone tower permits for every single repeater in use according to > these strict interpretations. We're going to need more than common sense > here, we're going to need legal precedence or references to directly > refute this determination, and we would appreciate your help. > > Thanks all. > > > (* We were turned in by a certain tin hat, who has been dogging us for > some time now and attempting to create sympathy for their extreme views > which we are sure you all are aware of. Just one more reason to not > share detailed system information with anybody....) > > > > -------------------------------------------------------------------------------- > WISPA Wants You! Join today! > http://signup.wispa.org/ > -------------------------------------------------------------------------------- > > WISPA Wireless List: [email protected] > > Subscribe/Unsubscribe: > http://lists.wispa.org/mailman/listinfo/wireless > > Archives: http://lists.wispa.org/pipermail/wireless/ > -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: [email protected] Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
