100.987 Local government may plan for and regulate siting of cellular antenna towers -- Duties of utility or company proposing to construct antenna tower -- Confidentiality of information contained in - Kentucky Statutes

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Page 1 of 3 100.987 Local government may plan for and regulate siting of cellular antenna towers -- Duties of utility or company proposing to construct antenna tower --
Confidentiality of information contained in application -- Duties and powers of
planning commission -- Co-location. (1) A planning unit as defined in KRS 100.111 and legislative body or fiscal court that has adopted planning and zoning regulations may plan for and regulate the siting of
cellular antenna towers in accordance with locally adopted planning or zoning
regulations in this chapter. (2) Every utility or a company that is engaged in the business of providing the required infrastructure to a utility that proposes to construct an antenna tower for cellular
telecommunications services or personal communications services within the
jurisdiction of a planning unit that has adopted planning and zoning regulations in
accordance with this chapter shall:
(a) Submit a copy of the applicant's completed uniform application to the planning commission of the affected planning unit to construct an antenna
tower for cellular or personal telecommunications services. The uniform
application shall include a grid map that shows the location of all existing
cellular antenna towers and that indicates the general position of proposed
construction sites for new cellular antenna towers within an area that includes:
1. All of the planning unit's jurisdiction; and 2. A one-half (1/2) mile area outside of the boundaries of the planning
unit's jurisdiction, if that area contains either existing or proposed
construction sites for cellular antenna towers; (b) Include in any contract with an owner of property upon which a cellular antenna tower is to be constructed, a provision that specifies, in the case of
abandonment, a method that the utility will follow in dismantling and
removing a cellular antenna tower, including a timetable for removal; and (c) Comply with any local ordinances concerning land use, subject to the limitations imposed by 47 U.S.C. sec. 332(c), KRS 278.030, 278.040, and
278.280. (3) All information contained in the application and any updates, except for any map or other information that specifically identifies the proposed location of the cellular
antenna tower then being reviewed, shall be deemed confidential and proprietary
within the meaning of KRS 61.878. The local planning commission shall deny any
public request for the inspection of this information, whether submitted under
Kentucky's Open Records Act or otherwise, except when ordered to release the
information by a court of competent jurisdiction. Any person violating this
subsection shall be guilty of official misconduct in the second degree as provided
under KRS 522.030. (4) After an applicant's submission of the uniform application to construct a cellular antenna tower, the planning commission shall:
(a) Review the uniform application in light of its agreement with the comprehensive plan and locally adopted zoning regulations; Page 2 of 3 (b) Make its final decision to approve or disapprove the uniform application; and
(c) Advise the applicant in writing of its final decision within sixty (60) days commencing from the date that the uniform application is submitted to the
planning commission or within a date certain specified in a written agreement
between the local planning commission and the applicant. If the planning
commission fails to issue a final decision within sixty (60) days and if there is
no written agreement between the local planning commission and the
applicant to a specific date for the planning commission to issue a decision,
the uniform application shall be deemed approved. (5) If the planning commission disapproves of the proposed construction, it shall state the reasons for disapproval in its written decision and may make suggestions which,
in its opinion, better accomplish the objectives of the comprehensive plan and the
locally adopted zoning regulations. No permit for construction of a cellular or
personal communications services antenna tower shall be issued until the planning
commission approves the uniform application or the sixty (60) day time period has
expired, whichever occurs first. (6) The planning commission may require the applicant to make a reasonable attempt to co-locate additional transmitting or related equipment. A planning commission may
provide the location of existing cellular antenna towers on which the commission
deems the applicant can successfully co-locate its transmitting and related
equipment. If the local planning commission requires the applicant to attempt co-
location, the applicant shall provide the local planning unit with a statement
indicating that the applicant has:
(a) Successfully attempted to co-locate on towers designed to host multiple wireless service providers' facilities or existing structures such as a
telecommunications tower or another suitable structure capable of supporting
the applicant's facilities, and that identifies the location of the tower or
suitable structure on which the applicant will co-locate its transmission and
related facilities; or (b) Unsuccessfully attempted to co-locate on towers designed to host multiple wireless service provider's facilities or existing structures such as a
telecommunications tower or another suitable structure capable of supporting
the applicant's facilities and that:
1. Identifies the location of the towers or other structures on which the
applicant attempted to co-locate; and 2. Lists the reasons why the co-location was unsuccessful in each instance. (7) The local planning commission may deny a uniform application to construct a cellular antenna tower based on an applicant's unwillingness to attempt to co-locate
additional transmitting or related equipment on any new or existing towers or other
structures. (8) In the event of co-location, a utility shall be considered the primary user of the tower, if the utility is the owner of the antenna tower and if no other agreement
exists that prescribes an alternate arrangement between the parties for use of the Page 3 of 3 tower. Any other entity that co-locates transmission or related facilities on a cellular
antenna tower shall do so in a manner that does not impose additional costs or
operating restrictions on the primary user. (9) Upon the approval of an application for the construction of a cellular antenna tower by a planning commission, the applicant shall notify the Public Service Commission
within ten (10) working days of the approval. The notice to the Public Service
Commission shall include a map showing the location of the construction site. If an
applicant fails to file notice of an approved uniform application with the Public
Service Commission, the applicant shall be prohibited from beginning construction
on the cellular antenna tower until such notice has been made. (10) A party aggrieved by a final action of a planning commission under the provisions of KRS 100.985 to 100.987 may bring an action for review in any court of
competent jurisdiction. Effective: April 23, 2002
History: Amended 2002 Ky. Acts ch. 343, sec. 3, effective April 23, 2002; and ch. 346, sec. 158, effective July 15, 2002. -- Created 1998 Ky. Acts ch. 231, sec. 2, effective
July 15, 1998. Legislative Research Commission Note (4/23/2002). This section was amended by 2002 Ky. Acts ch. 343, sec. 3, and ch. 346, sec. 158, which appear to be in conflict.
The changes made by ch. 346 are revisory in nature, while the changes made by
ch. 343 are substantive. The changes of ch. 343 have been allowed to prevail. Cf.
KRS 7.123.