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103 <br />ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: November 25, 2002 <br />Action Agenda <br />Item No. C.2.a. <br />SUBJECT: Oran a Count Master Telecommunications Plan <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes <br />ATTACHMENT(S): <br />Process used to Identify Potential Sites <br />Proposed.Ordinance Language <br />Background Information on MTP's from <br />International City/County ICMA <br />Management Association <br />INFORMATION CONTACT: <br />Craig N. Benedict, ext 2592 <br />TELEPHONE NUMBERS: <br />Hillsborough 732-8181 <br />Chapel Hill 968-4501 <br />Durham 688-7331 <br />Mebane 336-227-2031 <br />PURPOSE: To review the proposed Master Telecommunications Plan (MTP) and decide if <br />Orange County wishes to pursue the adoption of the MTP concept and process. <br />This public hearing does not designate properties at this time. It is primarily a public hearing on <br />the concept. <br />BACKGROUND: Planning Staff have been working on the preparation of a map that identifies <br />properties that may be suitable for inclusion in the initial adoption of the Orange County Master <br />Telecommunications Plan (MTP). An MTP pre-identifies properties that are reasonable for <br />tower locations and serve a public function or benefit. The proposed amendments to the <br />Zoning Ordinance currently provide a "place holder" for the adoption of an MTP should the <br />Board of County Commissioner desire to adopt such a plan now or in the future. If the county <br />does not approve an MTP the proposed `telco' zoning ordinance can still function but without <br />the efficiency in tower location that an MTP could provide through multiple use public function <br />sites. <br />The Federal 1996 Telecommunications Act set forth a new regulatory framework for the <br />deployment of telecommunication facilities. In essence, the federal government wanted to limit <br />the authority of local government regulation that created a "barrier to entry" of new "telco" <br />facilities that would create the public interest "information highway". Since then, all local <br />governments have grappled with the limits of their authority in this field to protect their local <br />interests through zoning. As a result, local regulations have been pushed to a somewhat <br />uncharted limit of authority that has led to hundreds of lawsuits that sought to resolve the <br />balance intended in the 1996 Telco Act. <br />G:\Current Planning Div\TkingWbstract.MTP.November 25, 2002 PH <br />