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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />AND PLANNING BOARD <br />QUARTERLY PUBLIC HEARING <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: November 23, 2009 <br />Action Agenda <br />Item No. C-3 <br />SUBJECT: Designation of Specific Public Sites to be part of the County's Master <br />Telecommunication Plan <br />DEPARTMENT: Managers Office PUBLIC HEARING: (YIN) Yes <br />Planning and Inspections <br />ATTACHMENTS: <br />1. Map of Possible Tower Sites <br />Superimposed on the North Carolina <br />Broadband Service Inventory (3 <br />maps) <br />2. Listing of Candidate Sites <br />3. Resolution to Identify Certain Publicly <br />Owned Properties as Tower Sites. <br />PURPOSE: The purpose of this item is two fold: <br />INFORMATION CONTACT: <br />Willie Best, 245-2308 <br />Craig N. Benedict, 245 2592 <br />Glenn R. Bowles, 245 2577 <br />A. The consideration of certain County owned properties as candidate sites for <br />telecommunication tower placement, and <br />B. The designation of specific publicly owned properties as being eligible for the <br />development of telecommunication wireless support structures (towers) <br />in accordance with the provisions of Section 6.18.5 Master Telecommunications Plan of the <br />Orange County Zoning Ordinance (hereafter `the Ordinance'). <br />BACKGROUND: <br />1996 TELCO ACT: Section 704 of the Federal Telecommunications Act of 1996 created <br />a new framework for the regulation of telecommunication facilities, particularly wireless "cell" <br />towers and the associated equipment and infrastructure. <br />In essence, the federal government limited the authority of local governments to regulate or <br />create a "barrier to entry" of new telecommunication facilities that would create the public <br />interest "information highway." Because of these limitations, tower siting has become one of <br />the most contentious areas of American land use law. <br />Since 1996, nearly all local governments have struggled with the limits of their authority in this <br />field in protecting their local interests through the adoption and enforcement of zoning <br />regulations. As a result, local regulations have been pushed into a somewhat unchartered limit <br />