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Lawyer Blog on Federal Bill S. 1988 which will "exempt small wireless facilities from environmental and historic reviews under the National Environmental Policy Act (NEPA)...

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For those concerned about historic districts and public rights of ways, this is another federal bill that's being discussed which will eliminate local authority in regard to cell tower placement.  Please contact your elected officials if this concerns you:

S. 1988:  The Speed Act:

This legislation would exempt small wireless facilities from environmental and historic reviews under the National Environmental Policy Act (NEPA) if they meet these conditions:

(1) They are being deployed in public right of way and are not higher than an existing structure in the public right of way; or

(2) They are serving as a replacement for an existing small cell and are substantially similar (as defined by the FCC) to the small cell being replaced. It would also exempt wireless towers from NEPA review if located in public right of way and the antenna tower or support pole is not more that the higher of 50 feet tall or 10 feet higher that any existing structure in the public right of way and does not have guy wires. The SPEED Act uses FCC size and other applicable requirements as its definition of small wireless facilities.

 

 

Edited by Monique

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