What is the Telecom Act of 1996 and why is it important?

The Telecommunications Act of 1996 has a clause that acts as the nemesis of everybody trying to fight cell towers on grounds of health risks. It’s called Section 704 and it prohibits the denial of a cell tower based on environmental concerns. Importantly, residents are EXEMPT from this clause, and can cite health and environmental concerns when pushing back legally; this clause only affects legislative bodies such as a town, municipality, or county.

Section 332(c) (47 U.S.C. 332(c):

“No State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission’s regulations concerning such emissions.”

The courts have interpreted “environmental concerns” to mean health concerns. Therefore if you go to your local planning group, city council or board of supervisors and make a record that is predominantly about health concerns related to the tower, and your governing body denies that tower because of those health concerns, the carrier trying to obtain a permit for the tower can sue the city or the county, and a judge may overturn the governing body’s decision.

Therefore towns and municipalities have found other legitimate reasons for objecting to cell towers: Aesthetics is a legitimate and legal basis for objection. These towers may not be in keeping with the character of the community. Property values is another legitimate reason that has not worked quite as well, but nonetheless, it is worth making a record. Your property’s value may be harmed by at least 20% and it may be difficult to sell your house if a cell tower is built close to your home. Electrical, fire and building safety also is within the locality’s regulatory power. Federal and state regulators have often maintained that safety concerns should ultimately rest at the local level because it is local leaders who understand the unique character of their cities and counties and are the best advocates for protecting the residents and the land.