Section 704 of the Telecommunications Act of 1996

While this act severly restricts the powers of local municipalities in restricting the siting of
wireless antennas, several Federal Appeals Court decisions have interpreted this law very liberally,
in favor of local control.

(A) General Authority – Except as provided in this paragraph, nothing in this Act shall limit or
affect the authority of a State or local government or instrumentality thereof over decisions
regarding the placement, construction, and modification of personal wireless service facilities.

(B) Limitations –

(i) regulation of the placement, construction, and modification of personal wireless service
facilities by a State or local government or instrumentality thereof –

(I) shall not unreasonably discriminate among providers of functionally equivalent services, and

(II) shall not prohibit or have the effect of prohibiting the provision of personal wireless services.

(ii) A state or local government or instrumentality thereof shall act on any request for authorization
to place, construct or modify personal wireless service facilities within a reasonable period of time
after the request is duly filed with such government or instrumentality , taking into account the
nature and scope of such request.

(iii) Any decision by a State or local government or instrumentality thereof to deny a request . . .
shall be in writing and supported by substantial evidence contained in a written record.

(iv) No State or local government or instrumentality thereof may regulate the placement, construction,
and modification of personal wireless services facilities on the basis of the environmental effects of
RF emissions to the extent that such facilities comply with the [Federal Communications] Commission’s
regulations concerning such emissions.

(v) Any person [this includes corporations] adversely affected by any final action or failure to act
by a State or local government or instrumentality thereof that is inconsistent with this subparagraph
may, within 30 days after such action or failure to act, commence an action in any court of competent
jurisdiction. The court shall hear and decide such action on an expedited basis. Any person adversely
affected by an act or failure to act by a State or local government or instrumentality thereof that is
inconsistent with this clause may petition the [Federal Communications] Commission for relief.