Agenda - 11-25-2013 - C2 - Laserfiche WebLink

Browse Search

Attachment 2 45 GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2013 SESSION LAW 2013-185 HOUSE BILL 664 AN ACT TO FACILITATE THE DEPLOYMENT OF MOBILE BROADBAND AND OTHER ENHANCED WIRELESS COMMUNICATIONS SERVICES BY STREAMLINING THE PROCESSES USED BY STATE AGENCIES AND LOCAL GOVERNMENTS TO APPROVE THE PLACEMENT OF WIRELESS FACILITIES IN THEIR JURISDICTIONS. The General Assembly of North Carolina enacts: SECTION 1. Article 19 of Chapter 160A of the General Statutes reads as rewritten: "Part 3E. Wireless Telecommunications Facilities. "§ 160A-400.50. Purpose and compliance with federal law. (a) The purpose of this section is to ensure the safe and efficient integration of facilities necessary for the provision of advanced mobile broadband and wireless telecommunications services throughout the community and to ensure the ready availability of reliable wireless service to the public, government agencies, and first responders, with the intention of furthering the public safety and general welfare. al The deployment of wireless infrastructure is critical to ensuring first responders can provide for the health and safety of all residents of North Carolina and that, consistent with section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), which creates a national wireless emergency communications network for use by first responders that in large measure will be dependent on facilities placed on existing wireless communications support structures, it is the policy of this State to facilitate the placement of wireless communications support structures in all areas of North Carolina. The following standards shall apply to a city's actions, as a regulatory body, in the regulation of the placement, construction, or modification of a wireless communications facility. (b) The placement, construction, or modification of wireless communications facilities shall be in conformity with the Federal Communications Act, 47 U.S.C. § 332 as amended, section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455(a), and in accordance with the rules promulgated by the Federal Communications Commission. "§ 160A-400.51. Definitions. The following definitions apply in this Part. (1) Antenna. — Communications equipment that transmits, receives, or transmits and receives electromagnetic radio signals used in the provision of all types of wireless communications services. (2) Application. — A formal request submitted to the city to construct or modify a wireless support structure or a wireless facility. 2a Base station. — A station at a specific site authorized to communicate with mobile stations, _generally consisting of radio receivers, antennas, coaxial cables,power supplies, and other associated electronics. (3) Building permit. — An official administrative authorization issued by the city prior to beginning construction consistent with the provisions of G.S. 160A-417. (4) Collocation. — The placement or installation of wireless facilities on existing structures, including electrical transmission towers, water towers, buildings, and other structures capable of structurally supporting the attachment of wireless facilities in compliance with applicable codes.T-he installation e III 11111111111111111 1 Return t6 A&hda'' * H 6 6 4 - V - 6 *