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PETREE STOCKTON, L.L.P. 25` <br /> ATTORNEYS AT LAW <br /> 4101 LAKE BOONE TRAIL,SUITE 400 <br /> RALEIGH. NORTH CAROLINA 27607-6519 <br /> TELEPHONE(919) 420-1700 <br /> FAX(919) 420-1600 ONEN 0MC[S <br /> CHARLOTTE, N C. <br /> M. GRAY STYERS, JR. <br /> 19191 420-1715 WINSTON-SALEM. N.C. <br /> June 14, 1996 <br /> Orange County Planning Board- <br /> 306-F Revere Road <br /> Hillsborough, North Carolina 27278 <br /> Re: Zoning Ordinance Text Amendments Regarding Telecommunication Towers <br /> Dear Chair and Planning Board Members: <br /> As regional counsel for BellSouth Carolinas PCS Limited Partnership ("BellSouth"), <br /> we would like to respond to the proposed zoning ordinance text amendments regarding <br /> telecommunication towers. As you know, BellSouth is currently planning and constructing <br /> its system to provide the first digital personal communication service ("PCS") in North <br /> Carolina. This system, which should be operational later this summer, includes several sites <br /> in Orange County. Because BellSouth is one of the newest entrants in the wireless <br /> telecommunications market and is building its system this year from scratch, we are <br /> extremely interested and concerned about the proposed zoning ordinance text amendments <br /> and how they will effect BellSouth's ability to provide this new technology to the residents of <br /> Orange County. <br /> (1) BellSouth recognizes the issues raised by the increasing number of <br /> telecommunication towers that have been needed in the past few years as consumer demand <br /> for mobile wireless telecommunication service increases and as new technologies become <br /> available. Consequently, BellSouth attempts to co-locate its antennas on existing or proposed <br /> structures whenever possible, constructs its own towers to accommodate co-location by other <br /> wireless communication carriers, and is a leader in utilizing stealth applications, such as <br /> church steeples& clock towers, light poles, flag poles and existing buildings. Therefore, we <br /> agree with the Planning Staff's recommendation that stealth applications be encouraged and <br /> support the p mposal of a new Section 6.18. <br /> This new section, however, could be interpreted to make stealth installation of <br /> antennas on existing buildings extremely difficult unless the existing structure already met the <br /> set-back limitations of the zoning ordinance. BellSouth has successfully avoided constructing <br /> additional towers in many arras by locating antennas on top of existing multi-story buildings. <br /> This stealth application does not effect the existing building's relationship to property lines <br /> and other structures. Therefore, there is no reason for expanded set-back requirements in <br /> this situation. We would propose, therefore, deleting the last clause of the new proposed <br />