|
|
Reference Library |
Personal Wireless Service Facilities
- General Resources
- Chapter 12-K Deployment of Personal Wireless Service Facilities (see links under Web Resources below to definitions in the Federal Telecommunications Act that are referred to in the state statute, 12-K:2)
- Telecommunication Facility Site Description form
- New Hampshire Wireless Communications Towers Map (To display cell towers, click the "visible" check box next to "Utilities & Telecommunications" in the Layer Menu on the right side of the page, then click the yellow "Apply" button. To get information about each tower, select the "active" check box, click the "Apply" button, then click on a tower.)
- "Planning for Wireless Telecommunications"
The OEP technical bulletin, Planning for Wireless Telecommunications Spring 2007, is no longer available as a hard copy. That technical bulletin was updated in May 2011, and is now offered as a series of web pages available at http://www.nh.gov/oep/resourcelibrary/technical_bulletins/pwt/index.htm
The May 2011 edition includes the new "shot clock" ruling by the FCC and a number of other updates.
- Telecommunication Consultants as of September 7, 2005
- Neil Nevins & a. v. New Hampshire Department of Resources and Economic Development & a. Argued: November 14, 2001 Decided: March 11, 2002 (Case involving the communications tower on Mt. Kearsarge)
- "Have any ZBA’s dealt with variances for cell phone towers?", Plan-link Q & A, June 16, 2006
- "Federal Court Upholds Only One of Five Reasons to Deny Cell Tower Permit", USCOC of New Hampshire, RSA #2, Inc., (dlb/a US Cellular) v. City of Franklin, New Hampshire Town and City, March 2006
- FCC fact Sheet: Over-the-Air Reception Devices Rule - Preemption of Restrictions on Placement of Direct Broadcast Satellite, Broadband Radio Service, and Television Broadcast Antennas
- New Cingular v. Candia, NH, et al. 09-CV-387-SM 08/11/10 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Civil No. 09-cv-387-SM Opinion No. 2010 DNH 145
- New Cingular Wireless PCS, LLC, v. Town of Greenfield 09-CV-399-SM 09/09/10 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Civil No.09-cv-399-SM Opinion No. 2010 DNH 162
- ZBA's cell tower decision reversed for inadequate written findings
(LGC summary)
- On September 9, 2010, the US District Court for the District of New Hampshire granted summary judgment in favor of AT&T and against the Town of Greenfield and its Zoning Board of Adjustment (ZBA) in a case in which AT&T challenged the denial of its application for an area variance to install a 100-foot cell tower in a residential area. The court found in favor of AT&T because the "ZBA’s public-interest determination relies on circular reasoning and fails to recognize that enhanced cellular telephone service and co-location are decidedly in the public interest." The court concluded that, "[c]areful review of the record ... demonstrates that the ZBA’s determinations either fail to satisfy the written-decision requirement, or are not supported by an adequate quantum of evidence," and that the "fundamental problem with the ZBA’s decision is that it fails to put the correct evidence on the proper scales in the first instance." The court ordered the ZBA to "promptly authorize construction of the subject tower as proposed." [Arent Fox LLP]
- Because the defendant ZBA’s denial of a variance for a 100-foot cell tower failed to satisfy the written-decision requirement of the Telecommunications Act and was not supported by substantial evidence, the court granted the plaintiff’s motion for summary judgment and ordered the defendants to authorize construction of the tower, as proposed by the plaintiff. 26 pages. Chief Judge Steven J. McAuliffe.
[NHBA]
- NH Division of Historical Resources "Section 106" review forms:
- "Section 106" Review and Compliance Information
Cover Sheet
- Criteria For Evaluating The Effect Of Telecommunications Projects On Historical Resources
- Supplemental "Section 106" Review Materials For Telecommunications Projects
- Disguising:
- Disguising Cell Phone Towers, Planetizen
- Photos:
- Stealth Tree - Amherst, NH
- Water Tower Mount - Amherst, NH
- Flush Mounted Monopole - Bedford, NH
- Flush Mounted Monopole - Bedford, NH
- Stealth Tree (top) - Dublin, NH
- Stealth Tree - Dublin, NH
- Chimney Mount - Exeter, NH
- Stealth Firetower Facility (at a distance) - Hollis, NH
- Stealth Firetower Facility - Hollis, NH
- Stealth Flagpole - Hudson, NH
- Church Steeple - Hudson, NH
- Pinnacle
Hill "monopole pine" (at a distance) - New Hampton, NH
- Pinnacle Hill "monopole pine" (closeup) - New Hampton, NH
- Pinnacle Hill "monopole pine" (detail) - New Hampton, NH
- Brownstick - Raymond, NH
- Stealth Tree - Windham, NH
- Models:
- Model Telecommunications Facilities Ordinance Prepared by Carol Ogilvie, Senior Planner, Southwest Region Planning Commission, Keene, NH
- Application For Telecommunications Conditional Use Permit Prepared by Carol Ogilvie, Senior Planner, Southwest Region Planning Commission, Keene, NH
- "Meeting the Challenges of Zoning in The Information Age: Planning for Wireless Communications Facilities" Timothy J. Thompson, Ball State University Department of Urban Planning, Undergraduate Thesis, April 28, 1997
- Wireless Broadband Ordinance Guidelines Available
A Municipal Fixed Wireless Broadband Facility Ordinance Guideline has been developed by Commission staff in conjunction with members of the Pinnacle Mountain Broadband Committee. The Guideline document is modeled in part after language developed by the Town of Fitzwilliam in order to provide a mechanism to allow fixed wireless broadband facilities (which include towers, relay sites and antenna array), under a separate permitting mechanism from a community's wireless telecommunications facility ordinance (which have usually been designed specifically for cell towers). Economic development planning efforts of the SWRPC have indicated the importance of greater deployment of broadband services to the rural communities of Southwest New Hampshire. The benefits of having reliable broadband internet services will foster rural economic development, small business growth, increase property values, and improve quality of life. For more information, including the recommendations of the Guideline document, please contact Eric R. Smith, AICP, of Commission staff. more...
- Examples of town and city regulations: (Call the office for additional examples depending on your specific needs. You are advised to check with each municipality directly to confirm that the example listed here is the most recent version. Also, see the listing from the Municipal Land Use Regulation database.)
- Web resources (these links will send you to Web sites out of the control of the Office of Energy and Planning)
|
|
|
Adobe Acrobat Reader format. You can download a free reader from Adobe.
|
|
Microsoft Word format. You can download a free reader from Microsoft.
|
|
| Reference Library Subject List |
|
