Wayne County, NY Department of Planning Training Seminar April, 2018 Local Government Regulations of Wireless Facilities II, Andrew J. Campanelli, page 35

Finally, local governments should not expect coopration or assistance from the FCC, but should enact their own measures to ensure that wireless facilities are not over-exposing the public to RF radiation levels that exceed the maximum levels deemed safe by the FCC.

Gaithersburg Small Cell zoning

Applicants and/or Right of Way Occupants must inspect Facilities at least every three (3) years and provide a full written report with certification of such inspection to the City page 33. Not sure about the meaning of these words.

RF Energy Exposure Limits. In addition to requiring an Applicant to show that its Wireless Facilities comply with all FCC regulations governing RF exposure, City may from time to time, require Right of Way Occupants to provide a report from an independent qualified engineer on RF compliance; or may conduct such testing itself and establish fees to recover the cost of such testing. Testing shall not be required more than once annually unless City has a reasonable basis for believing a Right of Way Occupant or Right of Way Occupants may be operating in violation of FCC regulations. page 65

Takoma Park

In addition, if the Director determines there is good cause to believe that an approved facility, individually or as mounted with any collocated facilities, may emit RF emissions that are likely to exceed FCC standards, the Director may require the permittee to test the facility and submit within 10 days of the test a written report certified by a qualified independent RF emissions engineer, certifying that the facility is in compliance with such FCC standards. page 8 of 9

Andrew J. Campenelli -- Wayne County, NY Department of Planning Training Seminar Local Government Regulation of Wireless Facilities II

Lack of FCC Compliance Requirements

The vast majority of wireless ordinances fail to contain measures to ensure that a wireless facility will be FCC compliant, both at the time of initial installation, and at all times thereafter. Nor do they provide for actual testing.

This failure is the functional equivalent of imposing limits upon the contaminants being emitted from motor vehicle exhaust, and then never creating any requirement that vehicle emissions be periodically inspected. page 35

Model Small Cell zoning "collected the best ideas from cities and towns all over the country that are pushing back against the FCC and the unfettered rollout of small cell wireless facilities."

3.7 Annual Recertification.

3.7.1 Each year, commencing on the first anniversary of the issuance of the permit, the Permittee shall submit to the Town an affidavit which shall list all active small cell wireless installations it owns within the Town by location, certifying that:

(1) each active small cell installation is covered by liability insurance in the amount of $2,000,000 per installation, naming the Town as additional insured; and

(2) each active installation has been inspected for safety and found to be in sound working condition and in compliance with all federal regulations concerning radio frequency exposure limits.

3.7.2 The Town shall have the right to employ a qualified radio frequency engineer to conduct an annual random and unannounced test of the Permittee's small cell wireless installations located within the Town to certify their compliance with all FCC radio-frequency emission limits as they pertain to exposure to the general public. The reasonable cost of such tests shall be paid by the Permittee.

3.7.3 In the event that such independent tests reveal that any small cell installation or installations owned or operated by Permittee or its Lessees, singularly or in the aggregate,is emitting RF radiation in excess of FCC exposure guidelines as they pertain to the general public, the Town shall notify the Permittee and all residents living within 1500 feet of the small cell installation(s) of the violation, and the Permittee shall have forty-eight (48) hours to bring the small cell installation(s)into compliance. Failure to bring the small cell installation(s) into compliance shall result in the forfeiture of all or part of the Compliance Bond,and the Town shall have the right to require the removal of such installation(s),as the Town in its sole discretion may determine is in the public interest.

3.7.4 Any small cell wireless installation which is no longer in use shall be removed by the Permittee within 30 days of being taken out of use.

3.7.5 Any small cell wireless installation which is not removed within 30 days after being listed as no longer in use in the annual recertification affidavit shall be subject to a fine of $100/day until such installation is removed.

3.7.6 Where such annual recertification has not been properly or timely submitted, or equipment no longer in use has not been removed within the required 30-day period, no further applications for small cell wireless installations will be accepted by the Town until such time as the annual re-certification has been submitted and all fees and fines paid.