Page:United States Statutes at Large Volume 110 Part 1.djvu/175

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PUBLIC LAW 104-104—FEB. 8, 1996 110 STAT. 151 "(g) A utility that engages in the provision of telecommunications services or cable services shall impute to its costs of providing such services (and charge any affiliate, subsidiary, or associate company engaged in the provision of such services) an equal amount to the pole attachment rate for which such company would be liable under this section. "(h) Whenever the owner of a pole, duct, conduit, or rightof-way intends to modify or alter such pole, duct, conduit, or rightof-way, the owner shall provide written notification of such action to any entity that has obtained an attachment to such conduit or right-of-way so that such entity may have a reasonable opportunity to add to or modify its existing attachment. Any entity that adds to or modifies its existing attachment after receiving such notification shall bear a proportionate share of the costs incurred by the owner in making such pole, duct, conduit, or rightof-way accessible. "(i) An entity that obtains an attachment to a pole, conduit, or right-of-way shall not be required to bear any of the costs of rearranging or replacing its attachment, if such rearrangement or replacement is required as a result of an additional attachment or the modification of an existing attachment sought by any other entity (including the owner of such pole, duct, conduit, or rightof-way).". SEC. 704. FACILITIES SITING; RADIO FREQUENCY EMISSION STAND- ARDS. (a) NATIONAL WIRELESS TELECOMMUNICATIONS SITING POL- ICY.— Section 332(c) (47 U.S.C. 332(c)) is amended by adding at the end the following new paragraph: "(7) PRESERVATION OF LOCAL ZONING AUTHORITY. — "(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) The regulation of the placement, construction, and modification of personal wireless service facilities by any 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 Records, or instrumentality thereof to deny a request to place, construct, or modify personal wireless service facilities shall be in writing and supported by substantial evidence contained in a written record.