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The battle over antennas used to send and receive radio signals is not new, but its character is changing. In the 1980s, the fight was over local restrictions on the "big ugly dishes" used for receiving C-band satellite transmissions--pitting homeowner against homeowner or local zoning board. Today, although restrictions on satellite dishes remain contentious, the dispute has broadened as citizens and local governments have taken up positions against unwanted transmission towers used primarily to provide cellular telephone (and future PCS) services.
Wireless telephone service providers--cellular, PCS, and ESMR--are now in the process of establishing or expanding their networks. In order to deliver services, they have to place antennas in areas that will allow them to reach their customers. Sometimes these antennas can be located away from residential areas, but in other cases, engineering, topographical, or capacity considerations mean that antennas have to be located close to homes.
In the early days of cellular telephone system construction, it was relatively easy for companies to locate sites and build antennas. Property owners could be found who had little objection to antennas or base-station equipment, and many did not understand that their locations had value to carriers. Communities did not have ordinances limiting antenna siting or other characteristics of radio facilities. Furthermore, wireless carriers had more latitude in placing antennas; objections could usually be met by simply moving to another suitable site close by.
Today, cellular and PCS companies are having a much harder time siting antennas, both technically and politically. They are trying to erect new antennas to cover areas that currently have poor service, usually due to topography or cellular system congestion associated with high demand. Changes in cell structure and system architecture, however, are more difficult to make now because adjacent cells are already established. To function most effectively, antennas generally need to be located close to the center of their cells; as cells get smaller, the latitude for placement shrinks as well (see figure 8-1). (see footnote 7) In a typical high-density area, where cells may be as small as one mile in diameter, this means that an antenna would ideally be located in a central four-city-block area. (see footnote 8)
At the same time, despite the increasing reliance and value that many residents put on wireless communications, public opposition to these antennas is growing rapidly. Ironically, it arises most often, although not exclusively, in communities that have the highest per capita use of cellular telecommunications, notably wealthy suburban neighborhoods close to major metropolitan centers. Citizens often object to the antennas because they can be unsightly and bring down property values, and because they fear the possible health hazards associated with the radio waves the antennas emit (see chapter 11). Some question the need for or appropriateness of these new services. In a few cases, minor changes--planting bushes around equipment shacks or somehow disguising the antennas--are enough to satisfy citizen objections. In other cases, however, citizens want the antennas/towers moved so that they are less obvious or further away from populated areas--to lessen any possible health risks. And in some cases, citizens feel so strongly that no changes are acceptable; they seek to prohibit the tower/antenna altogether.
Citizen objections manifest themselves in restrictive zoning regulations or other municipal ordinances. This gives citizens' groups the ability to challenge the siting of each tower or antenna a wireless company wants to put up. They maintain that carriers can move their towers to other locations, but are usually unwilling to do so because it will cost them more money. There is also resentment among some citizens and public interest groups at the arrogant way they believe the carriers have treated their objections.
The process of challenging a particular antenna site, which can work itself out in both local zoning hearings and in court, is both time-consuming and expensive. (see footnote 9) As a result, the wireless industry wants the federal government to preempt local and state regulations on antenna siting, so that they can move ahead with building their systems. They maintain that it is often not just a matter of cost, but of engineering requirements that dictates antenna placement. Early on, the industry received some support from FCC chairman Reed Hundt, who noted that local taxation, zoning, and other local restrictions could slow the widespread deployment of wireless technologies. In speeches to city and county organizations he encouraged them "to find a way to tolerate the presence of the new [PCS] equipment-- relay stations and antennas--that this service requires." (see footnote 10) To date, no general accommodations have been reached, and the issue has become highly politicized in many communities.
The satellite industry, meanwhile, is still fighting the battles first joined in the 1980s, when local restrictions on satellite dishes were put into place. Today, public zoning restrictions on satellite dishes are limited, but private homeowners' association rules or condominium covenants are permitted by the FCC. In addition, some communities do not follow the guidelines specified in the FCC's preemption order, and since the FCC has limited enforcement resources, in these communities the law is ignored. The FCC has brokered discussions between the direct broadcast satellite industry and local government representatives on a blanket preemption of restrictions on direct broadcast service antennas. (see footnote 11) As in the case of cellular and PCS antennas, the issue is not yet resolved.
Antenna Siting for Cellular and PCS Services
Antennas and base-station equipment for land-based wireless telecommunications systems vary in size and appearance depending on factors such as power output, frequency, topography, and expected usage. Engineering considerations determine both the number of radios needed per cell site (based on number of customers served) and the power levels of the radios--smaller cells use lower power. PCS base- stations, for example, may have a power output of up to 100 watts per channel--a typical site might have up to 30 channels, so total output might reach 3,000 watts if all channels were in use simultaneously. (see footnote 12)
The equipment needed at each cellular or PCS base station generally consists of an antenna, radio transceivers, and the hardware needed to link to other cell sites or switches in the system. Because of differences in power levels and architectures, the equipment needed for individual cellular and PCS cell sites varies in size and configuration. For cellular base stations, antennas can be a small (3 to 4 feet) rod, a panel (4 to 8 feet tall and 1 to 2 feet wide), or a combination of rods and panels. In high-use areas, a complete antenna installation may consist of 12 to 16 panels, located on a free- standing pole (up to 150 feet), a tall building, or another high structure (water towers, television antennas, etc.). In lower use areas, antennas can be mounted on smaller towers or even low-rise apartment buildings. The radio equipment for cellular telephone systems is usually housed in large trailer- sized (20' x 10' x 7') facilities equipped with air conditioners for peak-use cooling. PCS cell-site equipment consists of smaller whips and panels, and the radio hardware can be housed in a metal box about the size of a small refrigerator.
Siting Satellite Dishes
In the case of satellite dishes, local restrictions are aimed not at the large dishes used by companies to transmit programming to a satellite--these are usually located far from residential areas--but at the smaller (18 inches to 10 feet) dishes consumers use to receive programming at their homes. These antennas must be positioned so that they can easily receive signals from satellites. Depending on the consumer's exposure to the southern sky, and the landscaping and other physical structures present in the area, a customer may be able to put a dish in the backyard, on the roof, or in a place out of sight of neighbors. (see footnote 13) Some customers, however, must put their dishes in their front yards or elsewhere in view of others in the area.
Some communities have zoning ordinances, or restrictive covenants, or other conditions that limit the type, placement, or appearance of these dishes, and some forbid their use altogether. Restrictions exist because residents object to the size or appearance of these dishes. In a few cases, developers make arrangements with cable companies to pre-wire communities, at the cable companies' expense, in exchange for restrictive covenants that are written into deeds or other community rules. Some communities restrict only satellite dishes of a certain size or those not camouflaged (a typical disguise is a patio umbrella), while others make no distinction at all, prohibiting even traditional television antennas.
In response to growing concerns that restrictive covenants would affect the health of the satellite industry, in 1986, at industry's urging, the FCC ruled that the only permissible local restrictions were those that were narrowly written; based on health, safety, or aesthetic concerns; and that did not discriminate against receive-only satellite antennas. All others restrictions would be preempted. (see footnote 14) With this ruling, the FCC attempted to balance the interests of the industry and consumers in receiving satellite broadcasts with the interests of communities in local control of land-use and enforcement of health, safety, and aesthetic regulations.
In 1993, the satellite industry pressed the FCC to modify the 1986 order to clarify the types of local restrictions that would be prohibited. (see footnote 15) The industry claimed that many communities were imposing "noncompliant" regulations that the FCC was powerless to oppose--in particular size and height restrictions--which, by their nature, single out satellite dishes, including lot size limitations, limits in commercial or industrial areas, and other placement or screening requirements, or any flat bans. (see footnote 16) The FCC is currently considering modifications to the 1986 order.