HomeMy WebLinkAbout20190153 Wesley Antennae Replacement Excerpt from FCC 47 USC 1455
Middle Class Tax Relief and JobCreation Act of 2012
SEC. 6409. WIRELESS FACILITIES DEPLOYMENT
(a) FACILITY MODIFICATION.
(1) IN GENERAL. Notwithstanding section 704 of the Telecommunications Act of 1996
(Public Law 104-104) or any other provision of law, a State or local government may not deny,
and shall approve, any eligible facilities request for a modification of an existing wireless tower
or base station that does not substantially change the physical dimensions of such tower or base
station.
(2) ELIGIBLE FACILITIES REQUEST. For purposes this subsection, the term "eligible
facilities request" means any request for modification of an existing wireless tower or base
station that involves —
(A) collocation of new transmission equipment;
(B) removal of transmission equipment; or
(C) replacement of transmission equipment.
(3) APPLICABILITY OF ENVIRONMENTAL LAWS. Nothing in paragraph (1) shall be
construed to relieve the Commission from the requirements of the National Historic Preservation
Act or the National Environmental Policy Act of 1969.