Good bunch of info here. Almost all of can be applied to us. http://www.arrl.org/FandES/field/regulations/local/prb-1_program.html
----- Original Message ----- From: "Joe Fiero" <[EMAIL PROTECTED]> To: "'WISPA General List'" <wireless@wispa.org> Sent: Tuesday, August 12, 2008 8:34 AM Subject: Re: [WISPA] Tower site licensing problem > We have found that most municipalities have not regulated, beyond a > building > permit, towers below a certain height. Some were very generous at 100-110 > feet, some were a bit stingy at 50 feet, but the majority has been open > for > anything of 70-80 feet or below. > > That to me is a reasonable ordinance that does not classify the single use > tower for a 2-way/WISP as if we were American Tower. > > > Joe > > -----Original Message----- > From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On > Behalf Of ralph > Sent: Tuesday, August 12, 2008 10:28 AM > To: 'WISPA General List' > Subject: Re: [WISPA] Tower site liscensing problem > > 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/ > > > > -------------------------------------------------------------------------------- > 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/
