10/20/2013 Notice: On September 26, 2013, the FCC released a Notice of Proposed Rulemaking (NPRM) which, if adopted, will utterly change and greatly restrict local governments’ zoning authority over wireless sites of all kinds. You can read about the FCC’s NPRM by following THIS LINK.
Please be aware that the siting form, below, is likely to be substantially changed around Sprint 2014 if and when the FCC takes action on the NPRM.
(Form Last Revised, Updated August 1, 2013)
Many governments don’t know all of the ‘right questions’ to ask during a wireless tower/antenna siting case. As the quality and depth of your administrative record will impact your ability to make a reasonable decision in siting cases, and the courts will look to your record when deciding whether you’ve met your federal obligations, asking the right questions is vital.
Jonathan Kramer developed, and over the years he has continued to refine a prototype Supplemental Application Form that is now in use by local governments around the country. This form will help you get most or all of the ‘right’ technical and administrative questions from an applicant and build you written record.
The form is Copyright © 2003-2013 by Telecom Law Firm, P.C. All rights reserved.
A free use license is granted to any federal, state, or local government unit to use and modify it for their particular needs. You don’t even need to ask for the License; if the form is used by a government, the License is automatically granted. If you modify the form, please email Jonathan Kramer a copy so that we can pick up and share with other jurisdictions your useful changes, modifications, and expansions. Please email to Kramer@TelecomLawFirm.com.
The free license does NOT apply to paid consultants working for governments. You don’t get to pawn off our hard work as your own.
Note, the supplemental application form is provided without warranty or guarantee of any kind. We are not liable for any direct, indirect, or consequential damages by your use of the form. We advise you to have your local government attorney review it for compliance with the law in your jurisdiction. Sorry for the legal stuff…it’s necessary.
Instructions: Do a search and replace for “Community of Generic” and to change to fit your local jurisdiction. Also, search for “California” and “CPCN” and see if they apply in your jurisdiction. If not, change them to whatever is meaningful for your government.
To download the current form CLICK HERE.