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ORC agenda 100213
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ORC agenda 100213
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Date
10/2/2013
Meeting Type
Regular Meeting
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Agenda
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GENERAL ASSEMBLY OF NORTH CAROLINA <br />SESSION 2013 <br /> <br /> <br />SESSION LAW 2013-185 <br />HOUSE BILL 664 <br /> <br /> <br />*H664-v-6* <br />AN ACT TO FACILITATE THE DEPLOYMENT OF MOBILE BROADBAND AND <br />OTHER ENHANCED WIRELESS COMMUNICATIONS SERVICES BY <br />STREAMLINING THE PROCESSES USED BY STATE AGENCIES AND LOCAL <br />GOVERNMENTS TO APPROVE THE PLACEMENT OF WIRELESS FACILITIES IN <br />THEIR JURISDICTIONS. <br /> <br />The General Assembly of North Carolina enacts: <br /> <br />SECTION 1. Article 19 of Chapter 160A of the General Statutes reads as <br />rewritten: <br />"Part 3E. Wireless Telecommunications Facilities. <br />"§ 160A-400.50. Purpose and compliance with federal law. <br />(a) The purpose of this section is to ensure the safe and efficient integration of facilities <br />necessary for the provision of advanced mobile broadband and wireless telecommunications <br />services throughout the community and to ensure the ready availability of reliable wireles s <br />service to the public, government agencies, and first responders, with the intention of furthering <br />the public safety and general welfare. <br />(a1) The deployment of wireless infrastructure is critical to ensuring first responders can <br />provide for the health and safety of all residents of North Carolina and that, consistent with <br />section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § <br />1455(a), which creates a national wireless emergency communications network for use by first <br />responders that in large measure will be dependent on facilities placed on existing wireless <br />communications support structures, it is the policy of this State to facilitate the placement of <br />wireless communications support structures in all areas of North Carolina. The following <br />standards shall apply to a city's actions, as a regulatory body, in the regulation of the placement, <br />construction, or modification of a wireless communications facility. <br />(b) The placement, construction, or modification of wireless communications facilities <br />shall be in conformity with the Federal Communications Act, 47 U.S.C. § 332 as amended, <br />section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § <br />1455(a), and in accordance with the rules promulgated by the Federal Communications <br />Commission. <br />"§ 160A-400.51. Definitions. <br />The following definitions apply in this Part. <br />(1) Antenna. – Communications equipment that transmits, receives, or transmits <br />and receives electromagnetic radio signals used in the provision of all types <br />of wireless communications services. <br />(2) Application. – A formal request submitted to the city to construct or modify <br />a wireless support structure or a wireless facility. <br />(2a) Base station. – A station at a specific site authorized to communicate with <br />mobile stations, generally consisting of radio receivers, antennas, coaxial <br />cables, power supplies, and other associated electronics. <br />(3) Building permit. – An official administrative authorization issued by the city <br />prior to beginning construction consistent with the provisions of <br />G.S. 160A-417. <br />(4) Collocation. – The placement or installation of wireless facilities on existing <br />structures, including electrical transmission towers, water towers, buildings, <br />and other structures capable of structurally supporting the attachment of <br />wireless facilities in compliance with applicable codes.The installation of <br />8
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