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Assembly Bill A1869

2011-2012 Legislative Session

Prohibits the use of wireless telecommunications facilities on school property

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Archive: Last Bill Status - In Assembly Committee

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2011-A1869 (ACTIVE) - Details

Current Committee:
Assembly Local Governments
Law Section:
General Municipal Law
Laws Affected:
Add ยง79, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
A467

2011-A1869 (ACTIVE) - Summary

Prohibits the use of wireless telecommunications facilities on school property; defines "wireless telecommunications facility".

2011-A1869 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1869

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2011
                               ___________

Introduced  by M. of A. JEFFRIES, JAFFEE, DINOWITZ -- Multi-Sponsored by
  -- M. of A. McENENY, PEOPLES-STOKES, TOWNS -- read once  and  referred
  to the Committee on Local Governments

AN  ACT  to  amend the general municipal law, in relation to prohibiting
  wireless communication facilities on school property

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  general  municipal  law  is  amended by adding a new
section 79 to read as follows:
  S 79. PROHIBITION OF WIRELESS COMMUNICATION FACILITIES; SCHOOL PROPER-
TY.  1. A MUNICIPAL CORPORATION OR OTHER ENTITY HAVING THE AUTHORITY  TO
ISSUE  A  PERMIT  OR  LICENSE  TO  AUTHORIZE  THE PLACEMENT, ERECTION OR
CONSTRUCTION OF A WIRELESS COMMUNICATION FACILITY  SHALL  PROHIBIT  SUCH
PLACEMENT, ERECTION OR CONSTRUCTION OF SUCH FACILITIES ON SCHOOL GROUNDS
OR  BUILDINGS  UNLESS  THE  APPLICANT  FOR  THE  PLACEMENT,  ERECTION OR
CONSTRUCTION OF A WIRELESS COMMUNICATION FACILITY SHALL, IN ADDITION  TO
COMPLIANCE WITH ANY OTHER LOCAL, STATE OR FEDERAL REQUIREMENT:
  A.  DEMONSTRATE  A COMPELLING REASON FOR THE PLACEMENT OF THE TOWER ON
SCHOOL PROPERTY;
  B. PROVE IT IS A WIRELESS TELECOMMUNICATIONS  PROVIDER  WITH  A  VALID
FEDERAL  COMMUNICATIONS  COMMISSION  LICENSE  TO  PROVIDE SERVICE TO THE
AREA;
  C. PRESENT PROOF THAT ALTERNATIVE SITES HAVE BEEN CONSIDERED AND  THAT
THE  SCHOOL  PROPERTY  IS THE ONLY SITE WHICH WILL NOT RESULT IN SIGNIF-
ICANT GAPS IN COVERAGE THAT WOULD OTHERWISE  EXIST  IF  A  FACILITY  WAS
PLACED ON ANY OF THE ALTERNATIVE SITES; AND
  D.  DEMONSTRATE THAT THE FACILITY SHALL EMIT THE LOWEST RADIOFREQUENCY
EMISSION LEVEL PRACTICABLE.
  2. FOR THE PURPOSES OF THIS SECTION, "WIRELESS COMMUNICATION FACILITY"
SHALL MEAN AN UNSTAFFED FACILITY USED IN THE RECEIPT AND TRANSMISSION OF
WIRELESS TELEPHONE SERVICE, INCLUDING, BUT  NOT  LIMITED  TO,  ANTENNAS,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04677-01-1

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