So what exactly are the zoning rules for structures in that area- specifically towers? You did not tell us this. Many times any structure of a certain height of any type need a variance or use permit to be there- in our area it is 35 ft. Even applies to a house.
Of course if you were a Ham operator and this was a Ham tower and only Ham antennas were on it, you could try the Federal pre-emption PRB-1. But all this does is help force them to create less stringent rules for that tower. For example, after enlisting the help of an attorney, one local Ham got most of the Counties/Cities here to raise that to 70' as long as proper engineering was done and a few other requirements were ment, such as lot size,etc. Raph -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Isp Operator Sent: Tuesday, August 12, 2008 4:38 AM To: wireless@wispa.org 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: wireless@wispa.org 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: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
