FEDERAL COMMUNICATIONS COMMISSION
September 21. 20 J 2
.JULIUS GENACHOWSKI
CHAIRMAN
rhe J lonorable Michael G. Filzpatrick
U.. House of Rcprescntati\es
1224 Long\\orth Iiousc Ol'lice Building
Washington. D.C. 205 J 5
Dear Congressman ht/patrick:
'I hank you lor your Icller expressing conccrns rcgarding Distributcd Antenna System
units on residential properties in your Congressional district. J appreciatc ) our bringing this
mailer to my allention and have directed thc Senior Deputy Chiefofthc Wireless
Telecoml11unications Hureau to respond. I al11 pleased to IJrO\'ide the enclosed letler addressing
your concerns and to no Ie Ihal the panics appear to have resolved Iheir legal dispute.
II' you have any additional qucstions or need any further assistance. please do not hesitatc
to contact l11e.
Enclosure
445 12TH STREET S.W. WASHINGTON, D.C. 20554 • 202,418,1000
Federal COllllllunications Commission
Washington, D.C. 20554
.1
September 21. 2012
The Iionorable Michael Fitzpatrick
United State House of Representatives
1224 Longworth I louse Office Building
Washington. DC 205 I5
Dear Representative Fitzpatrick:
Thank you for conveying your COncerns about the Distributed Antenna System (DAS) proposed
by American Tower Corporation (/\TC) on poles on residential properties throughout NOl1hampton
Township. in your Congressional district. the 8'" Di trict of Pennsylvania. You stalC that these DAS
units. which arc mounted at the top 01'25 to 50 foot poles for the purpose of providing wireless
conll11unications services, are cclltowers. Thus. AT should abide by township regulations regarding the
installation orcell towers, which include zoning ordinances that prohibit the placement of cell towers
within 300 rcel of a private residcncc.
I'ursuanllo Section 332(c)(7) or the Communications Act of 1934 (Communications Act), the
regulation oCthe siting and eonstruclion or personal wireless service facilities is reserved largely to state
and local governmenls. provided Ihey comply with some basic limitations sel forth in Ihe statute.
Specilically. regulation oCthese racilities may nOlunreasonably discriminate among providers of
functionally equivalent services and may not have the effect of prohibiting the provision of service. In
addition, a state or local government must act on a request to place, construct. or modify personal wireless
service facilities within a reasonable time, and any denial ora request must be made in writing and
supported by substantial evidence contained in a written record. A state or local government also may not
regulate the placement. construction, or modification of these facilities on the basis of the environmental
effects or radio rrequency (RF) emissions, to the extent the facilities comply with the Commission's
regulat ions concern ing such em iss ions.
II appears. however. that the legal dispute between ATC. Northampton Township, and other
interested partics may involve pllrp0l1cd restrictions on local authority imposed tinder Pennsylvania state
law regarding the regulation of the rights of way. The Commission docs not generally address issues
involving state or local rights of way or the proper interpretation of state and localla\\s.
We also note that. according to recent public reports, ATC, the township. and other interested
parties appear to have resolved their legal dispute. and have agreed that ATC will relocate its DAS system
onto public rights-of-way where there are existing utility lines and utility poles instead of placing poles in
residential neighborhoods that usc all undcrground utilities.
The Honorable Micahcl Fitzpatrick 2.
I appreciate the opportunity to hear your concerns abollt this matter. Please let me know if I can
be of all) further assistance. foOl' morc information about other siting iss lies, please visit the
Commission's web site at http://,,,, w. fcc.gov/" th/sit illg or cOlltact DOll Johllson at 202-4 18-7444.
Sincerely, t-
J ," D.~~~fcr
'ellior Deputy Chief
Wireless Telecommunications 13urcau