Finding Common Ground

Strict zoning restrictions and ordinances are nothing new. They have become the norm rather than the exception. Over the years, cellular carriers have discovered that just as you get past one hurdle, another one appears. The zoning battle isn't going away anytime soon, and the issues that plague it are forever changing and evolving.

"Zoning challenges are always there. They are just different today," said Paul Yesawich, Harris Beach & Wilcox partner.

Although cellular carriers such as Alltel and AirTouch have been around long enough to experience the many phases of zoning evolution, their siting jobs haven't gotten any easier. According to Dennis Lowry, AirTouch manager, site development, every carrier must deal with new zoning boards and new regulations.

To make matters worse, cellular carriers aren't just seeking sites to fill in coverage holes, they also are updating existing sites for advanced technology. Carriers are realizing that adding antennas and making similar network adjustments invites zoning trouble. Upgrading from analog to digital, digital to 3G, or adjusting sites for an equipment-vendor change give jurisdictions the opportunity to scrutinize existing sites.

"Anytime a jurisdiction has the opportunity to re-evaluate, they are going to jump on it," Lowry said. "When you come in for a modification, you're almost going back to square one."

According to Lowry, because so many rules have changed since initial build-out, what should be insignificant technology modifications are becoming major undertakings. In some instances, jurisdictions require you to get a new conditional-use permit before you can modify a site. Usually, this means a new public hearing, which opens a Pandora's box on a site you've had in place for years. Sometimes the financial burden becomes too much.

"For some facilities, the cost is almost prohibitive because of the hardware involved," Lowry said.

David Moss, Moss & Associates president, sees a similar trend. A lot of his company's work is tied to changing and working with existing entitlements. Carriers are coming back for new equipment shelters, buildings, tower sites and additional antennas because they have reached the site permit's capacity limits.

Throw into the mix the fact that incumbent carriers must comply with co-location mandates, and the juggling act becomes more challenging. Although most carriers say they are more than willing to co-locate, they still must redesign and prepare sites for new entrants.

"It does impose some additional costs and redesign," said Steve Rowell, Alltel senior vice president of state government affairs. "We're certainly not opposed to that. As long as the co-locator can assist with that expense, we try to work with them."

NOT QUITE EXPERTSThe zoning boards implementing these demands aren't the same boards of yesterday. Today's municipalities are more in tune with court decisions and laws regarding zoning issues.

"Most cities are more comfortable with their extent of authority, and they know what their rights are, so it's becoming less contentious," Rowell said. "It (zoning) becomes more manageable."

But the same trend that makes some markets run more smoothly makes others more complicated. Once municipalities realize they have the legal authority to consider aesthetics and diminished property values, they take control.

"That's the area they can truly focus on, and that's where the issues lie," Lowry said.

Many municipalities are retaining their own RF experts, appraisers and real-estate brokers, according to Yesawich. By retaining RF analysts, they can provide more specific requirements for coverage options. For example, if a carrier wants to erect three towers in one area, the board now can say, "No, but you can use one tower in this location and one in another location and still meet your coverage needs." According to Yesawich, zoning boards easily can find experts that will make these types of suggestions. And as more municipalities gravitate toward these core issues, the build-out and zoning process will become more time-consuming and will slow down dramatically.

Veterans agreed education is still the key to resolving siting issues. Although zoning boards and municipalities know about stealth technologies and co-location, they may not be aware of the issues these options create.

For example, it's important they understand that stealth technologies are not always the best answer. Although the industry has put a lot of energy into developing stealth facilities, no one really knows how these facilities will stand up over time, Lowry said. Generally, manufacturers limit stealth warranties to one year. Lowry still is concerned about how heat, smog and wind affect the life span of some stealth facilities.

"We're skeptical about putting in the trees, because although a fig tree looks like a fig tree today, we're not sure what it's going to look like after weathering over time," he said.

Rowell echoed Lowry's concerns. He said carriers and zoning boards must weigh the quick-fix of creative stealth technologies against maintenance concerns.

"You can make it look like a tree, but weather conditions degrade the appearance of a structure like that over time," Rowell said. "They don't prove to be as beneficial in trying to make a tower disappear into the setting as most people would think."

It also is important to provide ongoing education about co-location challenges. Zoning boards don't always understand technological issues such as interference. According to Jim Leahy, a Richard Connor Riley & Associates partner, they don't consider that a carrier will have to increase a tower's height to support multiple carriers because sometimes antennas require a vertical separation of up to 30 feet. This height increase creates additional challenges and investments such as meeting the FAA's lighting requirements for safety. In addition, accommodating increased loading and cabling means a site owner will have to either enlarge the circumference of a monopole tower or use a lattice tower.

Because it's important that zoning boards understand all of these issues, carriers and zoning boards need to work together now more than ever, Leahy said. As tower proliferation and court rulings continue, many municipalities are revising zoning codes. This is an opportune time for carriers to make sure the codes include all of these considerations.

"Both carriers and communities must realize there is a need to balance the necessity of wireless services with locating wireless facilities within communities," Leahy said. "In order to reach this balance, carriers must work with communities to draft ordinances. This cooperative effort will result in provisions that allow facilities in all zoning districts, as permitted or conditional use, and still maintain communities' goals and objectives."

TRICKS OF THE TRADEKnowing what to tell zoning boards is one thing; getting them to listen is another. Just being a well-known, established business isn't enough.

"(Cellular carriers) don't have an advantage," said Alltel's Rowell. "Every time you bring in an application, you're pretty much on the same footing as everyone else coming in, and you're faced with whatever the environment happens to be at that time. We didn't get any better or easier treatment than the new kids on the block."

Although establishing a long-term presence doesn't give you a direct advantage, becoming part of the community is still important in helping you understand its perspective. AirTouch is taking specific steps in this direction. For example, the carrier gave 40 phones to the Santa Ana, CA, police department, and it gives phones to community-watch groups.

"We are trying to do as much as possible," Lowry said. "We can't give everybody phones, but we're trying to identify particular deserving cities or organizations and becoming more philanthropic to identify with them. That action establishes good relationships with cities, so it's not always us going to the city saying, 'Can you give us, give us.' Truly becoming citizens of the community benefits the business and community."

AirTouch also has implemented a pro-active zoning policy. When it has a search ring with a designated plan for a site area, it goes directly to the city and jurisdiction with the plan. The carrier approaches the zoning board with, "This is the area we're trying to cover. Can you make suggestions and point us in the right direction to locate property? Where would you like to see us go, and what kind of facility would you like to see?" Alltel's Rowell agreed this strategy saves everyone time and money.

"We try to work real close with cities to understand their concerns before we make our plans," he said. "We don't try to shove anything down their throat. Generally, where we're providing service, we're a member of the community so we understand the community."

Despite the zoning evolution, the age-old combination of ongoing education and cooperation is still the best answer to your siting dilemmas.

"Education is key to success," Moss said. "It has to be a partnership approach."

* Alpha Industries offers its GaAs IC 5-bit digital attenuator for dc 2.0GHz. The AD280-25 features an LSB of 0.5dB and a total attenuation of 15.5dB. It has low dc power consumption and is manufactured in a SOIC-16 plastic package.

www.alphaind.com or 800-290-7200, ext. 306

* Berkeley Varitronics Systems offers the Fox, a rugged signal-strength meter. The portable battery-powered meter measures RF propagation coverage and detects RF shadows. It can be internally or externally powered, and it logs text measurements or graphically displays an assortment of built-in, real-time macro measurements.

www.bvsystems.com or 732-548-3737

* Global Atmospherics' standalone lightning detection and warning system, Electrical Storm Identification Device, analyzes electromagnetic waveforms and optical signals generated by a lightning discharge to accurately report thunderstorms within 30 miles. It generates alarms, isolates critical components from commercial power and turns on emergency generators when it detects lightning within user-set distances.

520-806-7300

* ITW Switches' new Door Interlock Switch features several circuitry options and automatically cuts off electrical power whenever a cabinet door is opened. UL rated for up to 5A at 125/250Vac, the ITW switch uses the company's Butterfly double-break mechanism, which allows designers to break a normally closed circuit to interrupt main power and at the same time make a completely isolated normally open circuit, if required.

800-544-3354

* National Semiconductor's 14-bit A/D converter is optimized to simultaneously digitize multiple channels in wireless base-station receivers. Operating at 52MS/s, the CLC5958 offers receiver sensitivity with a spurious-free dynamic range of 90dB and a signal-to-noise ratio of 70dB at 20MHz.

www.national.com

* Supra Products' Trac-Cabinet key extends the electronic system to an electronic cabinet lock. It provides security at all points of entry, including equipment enclosures. The control device permits authorized entry to cabinets and locking enclosures and does not require external wiring.

www.supra-products.com or 800-547-0252